Arrant v. Wayne Acree PLS, Inc.

164 So. 3d 321, 2015 La. App. LEXIS 712, 2015 WL 1651919
CourtLouisiana Court of Appeal
DecidedApril 15, 2015
DocketNo. 49,698-WCA
StatusPublished
Cited by3 cases

This text of 164 So. 3d 321 (Arrant v. Wayne Acree PLS, Inc.) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Arrant v. Wayne Acree PLS, Inc., 164 So. 3d 321, 2015 La. App. LEXIS 712, 2015 WL 1651919 (La. Ct. App. 2015).

Opinion

PITMAN, J.

| plaintiff Calvin Arrant1 appeals the judgment of the Workers’ Compensation Judge (“WCJ”) in favor of Defendants Wayne Aeree PLS, Inc., and its insurer, the Louisiana Workers’ Compensation Corporation (“LWCC”). For the following reasons, we affirm.

FACTS

On June 30, 2012, Mr. Arrant injured his back when the company vehicle he was driving was hit by an 18-wheeler that ran a red light. On May 1, 2013, Mr. Arrant filed a disputed claim for compensation (“Form 1008”) seeking medical treatment, i.e., a lumbar MRI and a Left SI nerve block. He alleged that Defendants refused to provide tests and procedures recommended by his treating physician and requested that Defendants pay penalties; court costs, attorney fees and the cost for tests and procedures.

On May 14, 2013, Defendants filed an answer and general denial. They asserted an exception of prematurity concerning the dispute over the medical necessity of a Left SI nerve block, stating that the medical director of the Office of Workers’ Compensation (“OWC”) must first issue a decision concerning the medical necessity of the procedure. They asserted an exception of no cause of action concerning the dispute over the medical necessity of an MRI, arguing that judicial review of the denial should be sought within 15 days of the determination.

On May 14, 2013, Mr. Arrant filed a first supplemental and amending 1008. He stated that Defendants refused to allow him to be seen and treated by 12an orthopedic surgeon of his choice, i.e., Dr. Douglas Brown; and, therefore, his counsel had to pay $600 for this examination. Mr. Arrant contended that he is entitled to reimbursement for the $600 and for $800 paid for an MRI recommended by Dr. Brown that was denied by Defendants. He argued that Defendants should pay penalties and attorney fees for the wrongful refusal to provide treatment.

On May 15, 2013, Mr. Arrant filed a second supplemental and amending 1008, stating that Defendants refused to allow him to see the neurosurgeon of his choice, i.e., Dr. Bernie McHugh. Mr. Arrant also filed a motion for treating physician and requested that Defendants show cause why they should not pay for treatment by the physician of his choice.

On July 2, 2013, Defendants filed an answer to the first and second amended 1008, stating that the Louisiana Workers’ Compensation Act (“LWCA”) gives a claimant the right to choose a treating physician without prior approval. They asserted an exception of no cause of action as to Mr. Arrant’s claim that he is entitled to reimbursement of $600 for the deposit made to Dr. Brown. They further contended that the LWCC is only required to pay for authorized treatment given in accordance with the medical treatment guidelines and is not required to pay deposits. They also reasserted their exception of no cause of action as to the $800 for an MRI and stated that the parties resolved the issue of choice of neurosurgeon.

On July 22, 2013, a hearing was held on the pretrial motions. The defense withdrew the exception of no cause of action because, as set forth in the Louisiana Code of Civil Procedure, evidence could not be [324]*324introduced in support of this exception and the pleadings did not contain sufficient | ¡¡information to support their arguments.

On the morning of trial, January 9, 2014, Defendants filed a peremptory exception of preemption, or alternatively, prescription,2 stating that Mr. Arrant requested review of the medical director’s denial of the request to perform an MRI more than 15 days after the denial. At Mr. Arrant’s request, the WCJ referred the exception to the merits, and a trial began on the merits of the case.

The, WCJ noted that the parties stipulated to Mr. Arrant’s employment, that “he was involved in an accident within the course and scope of his employment” and that he was “receiving temporary, total disability benefits.”

Phillip Deal, a personal injury attorney, testified that he consulted with Mr. Arrant about the automobile accident.3 He noted that Mr. Arrant continued to work after the accident, but that his condition worsened with pain radiating into his legs. Mr. Deal stated that, from his years of personal injury work, he recognized this symptom as a lumbar disc injury that necessitated examination by an orthopedist or a neurosurgeon and an MRI. He testified that his office scheduled an appointment for Mr. Arrant with Dr. Brown, whose policy was to be paid in advance or to have approval from an insurer and then bill the insurer. He further testified that he had to pay $600 for the August 16, 2012 appointment because he was unable to determine the identity of the workers’ compensation carrier prior to the appointment, despite inquiries to the ^employer by himself, Mr. Arrant and Dr. Brown’s office. Mr. Deal stated that Dr. Brown suspected that Mr. Arrant had a lumbar disc injury and wanted to have an MRI performed to confirm or rule out that suspicion. He also stated that, in late August or early September 2012, the LWCC denied the MRI request on.two occasions. After each denial, he filed a 1009 form with the medical director of the OWC to review the LWCC’s denial, and both were denied by the medical director. Mr. Deal testified that he then paid $800 for the MRI because Mr. Arrant was still experiencing pain in his legs. He noted that, in October 2013, he was reimbursed the $600 deposit by Dr. Brown.

Mr. Arrant testified that he worked for Wayne Aeree PLS, Inc., as a surveyor and that he was involved in a work-related accident on June 30, 2012, while operating a company vehicle. He stated that, after the accident, he returned to work and spoke with Mr. Aeree about the pain he was experiencing. He testified that he told Mr. Aeree on multiple occasions that he would like to see a doctor, and Mr. Aeree responded that he did not have any insurance information. Mr. Arrant noted that the pain in his back worsened and he had trouble working, so he contacted an attorney, Mr. Deal, to help him receive medical treatment for his back. He further noted that he and the staff at Dr. Brown’s office unsuccessfully attempted to obtain information on workers’ compensation, so Mr. Deal paid the $600 deposit for him to see Dr. Brown. He stated that he met several times with Dr. Brown, who recommended an MRI, but several MRI [325]*325requests were denied by Defendants. Mr. Deal then paid $800 for him to have an MRI. Mr. Arrant noted that he began seeing a neurosurgeon and a pain management doctor "with the help of his current attorney, Daniel Street. He described his pain as lower back pain that radiates | finto his legs and feet and pain and tingling in his shoulder, noting that he uses a cane due to the numbness in his left leg. He also stated that he stopped working two months after the accident.

Mr. Aeree testified that he was Mr. Arrant’s employer and that Mr. Arrant was an instrument man whose duties included carrying a 20-pound survey instrument in the woods and over rough terrain. He stated that he discussed the accident with Mr. Arrant, but could not recall him indicating that he was injured or requesting to see a doctor. Mr. Aeree noted that he received a letter from Mr. Deal and then contacted the LWCC. He also stated that he did not recall having conversations with Mr. Deal or Dr. Brown’s office about workers’ compensation.

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Related

Arrant v. Wayne Acree Pls, Inc.
218 So. 3d 737 (Louisiana Court of Appeal, 2017)

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Bluebook (online)
164 So. 3d 321, 2015 La. App. LEXIS 712, 2015 WL 1651919, Counsel Stack Legal Research, https://law.counselstack.com/opinion/arrant-v-wayne-acree-pls-inc-lactapp-2015.