Smith v. Southern Holding, Inc. and Southern Scrap Material Company, L.L.C.

Summary

The Louisiana Supreme Court held that an injured employee retains the statutory right under La. Rev. Stat. 23:1121(B) to select one treating physician in a field or specialty, even after receiving substantial treatment and surgery from an employer-referred physician. The court rejected the theory that the employee's conduct constituted a de facto selection of the employer-referred physician and affirmed the decisions below.

Holdings

1. An employee does not lose the statutory right to select one treating physician in a field or specialty merely because the employee submitted to treatment, including surgery, by a physician referred by the employer or through circumstances initiated by the employer.
2. Because La. Rev. Stat. 23:1121(B) is clear and unambiguous and its application does not produce absurd consequences, it must be applied according to its text without resort to a contrary judicial construction based on legislative intent.

Questions Presented

1. Whether an employee who submits to treatment and surgery by an employer-referred or employer-associated physician thereby makes a de facto selection of that physician under La. Rev. Stat. 23:1121(B).
2. Whether La. Rev. Stat. 23:1121(B) gives an injured employee an absolute right to select one treating physician in any field or specialty without employer approval.

Disposition

affirmed