Martin v. Davison Transport, Inc.

Summary

The Louisiana Supreme Court held that the Louisiana Workers’ Compensation Act does not give claimants a right to select or replace a medical case manager, and that a workers’ compensation hearing officer may not regulate an employer’s medical case management services. The court reversed that portion of the lower court’s decision while otherwise denying relief, leaving penalties and attorney fees available as remedies for improper conduct.

Holdings

1. The Louisiana Workers’ Compensation Act does not give a claimant the right to a medical case manager, the right to select or terminate one, or the right to require an employer or insurer to replace or appoint one. A Workers’ Compensation Hearing Officer therefore may not regulate the employer’s or insurer’s medical case-management services by ordering replacement or appointment of a case manager.
2. When medical case-management conduct violates the employer’s obligations under the Workers’ Compensation Act, the proper remedy is the imposition of statutory penalties and attorney fees against the employer, rather than judicial regulation of the case manager through an order requiring replacement or appointment.

Questions Presented

1. Whether the Louisiana Workers’ Compensation Act authorizes a claimant or Workers’ Compensation Hearing Officer to require an employer or insurer to replace a medical case manager and appoint a new one.
2. Whether the hearing officer’s authority to impose penalties and attorney fees was the proper remedy for allegedly egregious medical case-management conduct.

Disposition

reversed