Summary
The Louisiana Court of Appeal, First Circuit granted Rusty Parker’s supervisory writ and reversed an Office of Workers’ Compensation judgment denying authorization for his initial evaluation with an otolaryngologist of his choice. The court held that La. R.S. 23:1121(B)(1) does not require an employee to show that the initial physician selection is reasonable and necessary, and that the employer failed to establish good cause for refusing authorization. The matter was remanded for consideration of penalties and attorney fees.
Topics
Practice areas
Questions Presented
- Whether an injured employee seeking authorization for an initial physician of choice under La. R.S. 23:1121(B)(1) must establish that the choice is reasonable and necessary.
- Whether Worley Field Services, Inc. established good cause to refuse authorization of Parker's chosen physician.
- Whether the matter should be remanded to determine Parker's entitlement to penalties and attorney fees.
Holdings
- An employee is not required to show that the employee's initial choice of physician is reasonable and necessary. The statute gives the employee the right to select one treating physician in any field or specialty and does not impose that additional burden.
- Worley failed to present sufficient evidence of good cause for refusing Parker's choice of physician.
- The matter must be remanded to the OWC to determine whether Parker is entitled to penalties and attorney fees and, if so, the amount.
Key quotations
“The statute places no burden on plaintiff to show that his initial choice of physician is “reasonable and necessary.””
“Furthermore, the evidence offered by defendant, Worley Field Services, Inc., was insufficient to show good cause for its refusal under the facts and circumstances of this case.”
Factual background
Parker sought authorization for an initial evaluation with an otolaryngologist of his choice. Worley Field Services, Inc. refused authorization, relying in part on an audiologist's audiogram and report. The defendant presented no evidence that the audiologist had provided Parker with treatment.
Procedural history
The Office of Workers' Compensation, District 05, denied Parker's Motion for Authorization of Initial Evaluation With Claimant's Choice of Otolaryngologist. The Louisiana Court of Appeal, First Circuit, granted the supervisory writ, reversed the OWC judgment, granted Parker's motion for authorization, and remanded for consideration of penalties and attorney fees.
Remand instructions
The matter is remanded to the Office of Workers' Compensation to determine whether Parker is entitled to penalties and attorney fees and, if so, the amount.