Sorenson v. Merit Electrical

916 So. 2d 213, 2005 La. App. LEXIS 1190, 2005 WL 1055523

Opinion

DOWNING, J.

The employer appeals an Office of Workers’ Compensation Court (WCC) judgment that authorizes the claimant to be evaluated by a psychologist. The WCC stated that it found the claimant to be “a very credible witness.” Although it found the lack of a written referral from the treating physician to be problematic, it determined that the claimant acted reasonably in seeking the evaluation and still had a right to see the medical specialist of his choosing.

We agree with the WCC. Louisiana Revised Statute 23:1121(B) provides, in pertinent part, that the employee shall have the right to select one treating physician in any field or specialty. Louisiana Revised Statute 23:1121(B) further provides that the employee is not required to obtain approval for change to a treating physician in another field or specialty.

Therefore, we affirm the judgment of the WCC. This summary opinion is issued in compliance with Uniform Court of Appeal Rule 2-16.2 and the cost of this appeal is assessed against the defendant/appellant.

AFFIRMED.