Toups v. Wolfson

176 So. 3d 1159, 2015 La.App. 4 Cir. 1037, 2015 La. App. LEXIS 1896, 2015 WL 5722622
CourtLouisiana Court of Appeal
DecidedSeptember 29, 2015
DocketNo. 2015-CA-1037
StatusPublished

This text of 176 So. 3d 1159 (Toups v. Wolfson) 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
Toups v. Wolfson, 176 So. 3d 1159, 2015 La.App. 4 Cir. 1037, 2015 La. App. LEXIS 1896, 2015 WL 5722622 (La. Ct. App. 2015).

Opinion

DENNIS R. BAGNERIS, SR., Judge.

I,This is an election contest suit. Plain-tiffiappellant, Roxanne Toups, appeals the trial court’s decision which denied her petition to disqualify Dr. Neil Wolfson as a candidate for Plaquemines Parish Coroner. For the reasons that follow, we affirm.

FACTS AND PROCEDURAL HISTORY

On September 17, 2015, Ms. Toups filed a petition objecting to the candidacy of Dr. Wolfson. The petition alleged that Dr. Wolfson did not meet the residency qualifications as outlined in La. R.S. 13:5704. That statute provides:

' 13:5704. Qualifications.
A. The coroner shall be a physician licensed . by the Louisiana State Board Of Medical. Examiners to practice medicine in the State of Louisiana. , This requirement shall be waived in any parish in which no licensed physician qualifies to run for the office.
B. The coroner shall be a resident of . the parish. However, a licensed physician who is not a resident of the parish but who maintains a full-time medical practice at a principal medical office facility in the parish may qualify for hold the office, (emphasis added)

Ms. Toups represented that Dr. Wolfson does not meet the residency requirements for Plaquemines Parish Coroner because 1) he is domiciled in Jefferson Parish; 2) |2his full-time medical practice, Forensic Services, LLC, is located at the same address as his Jefferson Parish domicile; and 3) he does not maintain a “full-time medical practice at a principal medical office facility” in Plaquemines Parish.

At trial, Dr. Wolfson acknowledged that his domicile was Jefferson Parish. However, he testified that he maintains a full-time medical practice in Plaquemines Parish as the Chief Medical Officer for the Plaquemines Parish Sheriffs Office (hereinafter, “PPSO” ■ or “Sheriffs Office”), a position he has held for approximately ten years. His patients include employees of the PPSO, their families, prisoners, and the general public. Dr. Wolfson’s office encompasses two rooms inside the PPSO building and a trailer located behind the lock-up facility where he examines, treats, and prescribes medication for his patients. [1161]*1161He said that each location contains medical equipment and devices. Dr. Wolfson’s contract with the PPSO requires him to see patients at least once a week; however, he testified that that he generally works roughly 20 hours per week and is on 24-hour call. Dr. Wolfson stated that the PPSO provides him with a cell phone. He equated the time he spends in his current practice with the Sheriffs Office to the hours he worked when he was in private practice.

On examination by Ms. Toups’ counsel, Dr. Wolfson admitted that he has an ownership interest in Forensic Services. He clarified that it is a medical/legal consulting business; however, he averred he no longer does consulting work. Dr. Wolfson also admitted that he reviewed Medicare claims for Humana, Inc.; moreover, he acknowledged that he had described Hu-mana as his full-time employer and the PPSO as his part-time employer in a Sworn Ethics Statement. Dr. Wolfson conceded that his registered address for his Louisiana State Board Medical Examiners license was his Jefferson Parish domicile. However, he | ^claimed he only used his Jefferson Parish address to receive mail. Dr. Wolfson denied conducting a medical practice from his Jefferson Parish residence or that he engaged in a medical practice for Humana. He steadfastly maintained that his only medical practice was with the Sheriffs Office in Plaque-mines Parish. Dr. Wolfson classified his practice as family medicine.

Lisa Enclade, a medical supervisor with the PPSO, testified that she worked under Dr. Wolfson’s supervision. She advised that Dr. Wolfson supervised another nurse at the trader office location. She verified Dr. Wolfson’s account of the medical services he offered. Ms. Enclade attested that Dr. Wolfson probably saw about thirty or forty patients per week. She also identified photographs of patient file cabinets contained within the PPSO Main Street office.

Michael LaFrance, the Deputy Chief of the' Sheriffs Office, also verified Dr. Wolf-son’s status with the PPSO and the scope of the medical care offered. He stated that Dr. Wolfson hád also treated him and that a staff was provided to assist'Dr. Wolfson.

Monica Nicosia, the Chief Deputy Tax Collector for the PPSO, testified that Dr, Wolfson has a contract with the Sheriffs Office. She said the PPSO paid for Dr. Wolfson’s cell phone and that Dr. Wolfson was on 24-hour call. Ms. Nicosia also testified the PPSO paid for Dr. Wolfson’s medical malpractice insurance.

Dr. Wolfson also admitted into evidence the business card issued by the PPSO, which identifies him as its chief medical officer, his Controlled Dangerous Substance License issued by the Louisiana Board of Pharmacy, and his prescription pad. His license and his prescription pad identify the 300 Main Street address in Belle Chasse as his office.

14At the conclusion of the trial, the trial court asked the parties to submit briefs to define what constitutes a. “principal medical office” under La. R.S. 13:5704(B).

Ms. Toups argued that it was difficult to imagine that the trailer or the small offices within the PPSO could be characterized as a principal office medical facility. She added that Dr. Wolfson’s visit with par tients once a week should not qualify as a full-time medical practice. Ms. Toups also noted that most of Dr. Wolfson’s income was derived from investments, his claims review position at Humana, social security benefits, and disability policy benefits. She contended his income sources underscored that he was not a full-time employee of the Sheriffs Office.

[1162]*1162Dr. Wolfson countered that the evidence clearly established that he maintained a full-time medical practice with the PPSO. He cited his work hours, the scope of the medical services offered, and the number of potential patients within his patient pool. Dr. Wolfson argued the type of practice that he maintained was in line with the spirit of the qualifications imposed by La. R.S. 13:5704, that is, for a candidate for coroner to maintain his principal medical practice in the parish of the people he wished to serve as coroner.

After review of the post-trial briefs, the trial court denied the objection to Dr. Wolfson’s candidacy. The denial was based on “the uncontroverted evidence that he maintained a full-time medical practice at a principal medical office facility located in Plaquemines Parish.”

This appeal followed.

LAW/DISCUSSION

Ms. Toups’ assignments of error contend that the trial court erred because Dr. Wolfson failed to rebut her prima facie case that he did not meet the 1 (¡qualifications to run for Plaquemines Parish Coroner; and erred as a matter of law in its application of the statutory qualifications for coroner.

Our jurisprudence is well-established that for an appellate court to reverse a fact finder’s determinations, the appellate court must find from the record that a reasonable factual basis does not exist for the finding of the trial court; and the appellate court must further determine that the record establishes that the finding is clearly wrong. Darnell v. Alcorn, 99-2405, p. 6 (La.App. 4 Cir. 9/24/99), 757 So.2d 716, 719. See also Stobart v. State, Department of Transportation and Development, 617 So.2d 880, 882 (La.1993).

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Cite This Page — Counsel Stack

Bluebook (online)
176 So. 3d 1159, 2015 La.App. 4 Cir. 1037, 2015 La. App. LEXIS 1896, 2015 WL 5722622, Counsel Stack Legal Research, https://law.counselstack.com/opinion/toups-v-wolfson-lactapp-2015.