Wilson v. Broadmoor, LLC

169 So. 3d 463, 2015 WL 1088465
CourtLouisiana Court of Appeal
DecidedMarch 11, 2015
DocketNo. 14-CA-694
StatusPublished
Cited by4 cases

This text of 169 So. 3d 463 (Wilson v. Broadmoor, LLC) 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
Wilson v. Broadmoor, LLC, 169 So. 3d 463, 2015 WL 1088465 (La. Ct. App. 2015).

Opinion

SUSAN M. CHEHARDY, Chief Judge.

| j>This is an appeal from a judgment rendered by a workers’ compensation judge, overturning the denial by the Medical Director of the Louisiana Office of Workers’ Compensation Administration (“OWCA”) of claimant’s request for medical treatment. For the following reasons, we affirm the judgment and award costs and attorney fees.

Facts and Procedural History

On January 6, 2013, Mr. Wilson injured his neck, shoulder, and back when he fell from a ladder during the course and scope of his employment with appellant, Broadm-oor, L.L.C. Mr. Wilson sought treatment with an orthopedist, Dr. Michael Zeringue, which included physical therapy and steroid injections that did not alleviate the pain in his lower back, which was “radiating down his right leg.”

In October of 2013, Dr. Zeringue referred Mr. Wilson to a neurosurgeon, Dr. Gabriel Tender, for evaluation for surgical options to relieve his pain. At that appointment, Mr. Wilson reported radiating pain in his right leg that interfered with his normal activities. In conjunction with the physical evaluation, Dr. Tender reviewed an MRI of Mr. Wilson’s back that showed “at L4-5 a combination of disc band osteophyte complex resulting in a foraminal stenosis bilaterally” and “a tiny disc protrusion at L5-S1 but without fora-minal compromise.”

On November 27, 2013, Dr. Michael Ze-ringue again saw Mr. Wilson, who complained of continued lower back and right leg pain. Dr. Zeringue diagnosed Mr. Wilson that day with “lumbar radiculitis.” On December 30, 2013, Mr. Wilson again presented to Dr. Zeringue with “an increase in his back pain,” for which Dr. Zeringue prescribed pain medications and physical therapy.

On January 6, 2014, Mr. Wilson began further physical therapy in an effort to alleviate his lower back and right leg pain. On February 5, 2014, Mr. Wilson again [465]*465presented to Dr. Zeringue with complaints of pain in his back that goes “down his right leg.”

On February 27, 2014, Dr. Tender filed a request with OWCA on LWC Form 1010 seeking authorization for Mr. Wilson to receive an L4 laminectomy. On March 7, 2014, after utilization review signed by David Bachman, M.D., Mr. Wilson’s request for surgery was denied on the basis that his case failed to meet Louisiana Workforce Commission Medical Treatment Guidelines1 with “clear objective clinical evidence of radiculopathy.”

On March 14, 2014, Mr. Wilson sought review of this decision by the OWCA Medical Director by filing LWC Form 1009, as provided in La. R.S. 23:1203.1(J)(1).2 On March 21, 2014, Dr. Christopher Rich, Medical Services 14Pirector for OWCA, upheld the denial of surgery, finding that “clinical indications have not been met” because “[sjubmitted records do not document radiculopathy and radiculitis on exam and no correlating imaging study or elec-tro-diagnostic study reports are submitted.” Dr. Rich’s denial stated that the “most recent record submitted from the treating provider is dated ... over 5 months” before the. Form 1010 was submitted.

On March 21, 2014, Mr. Wilson submitted to the OWCA his disputed claim for compensation on LWC Form 1008, seeking authorization for medical treatment recommended by Dr. Gabriel Tender, including the lumbar laminectomy, as well as statutory penalties, attorney fees, and costs.

On April 25, 2014, an expedited hearing was held to review the Medical Director’s decision. Broadmoor did not appear at that proceeding. At that proceeding, Mr. Wilson introduced his relevant medical records as well as copies of the relevant LWC Forms, including 1008, 1009, and 1010, that were filed in his case.

On April 28, 2014, in her judgment, the workers’ compensation judge found that Dr. Bachman was not licensed to practice medicine in Louisiana and thus, his utilization review was not competent evidence. Further, the workers’ compensation judge reversed Dr. Rich’s denial on the basis that “the medical evidence submitted ... constitutes clear and convincing evidence that the opinion of the Medical Review Director denying authorization for the L-4 laminectomy ... is manifestly erroneous.” Finally, the workers’ compensation judge ordered Broadmoor to authorize and pay for the requested surgery and necessary medical treatment “attendant thereto.”

Broadmoor filed the instant appeal seeking reversal of the workers’ compensation judge’s judgment and reinstatement of the [466]*466OWCA Medical ^Director’s denial of treatment. Mr. Wilson timely answered the appeal, seeking costs and attorney fees.

Law and Discussion

This Court has jurisdiction to hear direct appeals from administrative agency determinations in workers’ compensation matters under La. Const. Art. V § 10(A). See also La. R.S. 23:1310.5(A)(2). In so doing, this Court is “mindful of the jurisprudential tenet that workers’ compensation is to be liberally construed in favor of coverage.” Poissenot v. St. Bernard Parish Sheriff’s Office, 09-2793 (La.1/9/11), 56 So.3d 170, 174. We review factual findings under the manifest error standard of review. Banks v. Industrial Roofing & Sheet Metal Works, Inc., 96-2840 (La.7/1/97), 696 So.2d 551, 556.

An employer’s obligation to furnish medical treatment to an injured employee is governed by La. R.S. 23:1201 et seq. La. R.S. 23:1203.1(K) establishes that the decision of the OWCA Medical Director “may be overturned when it is shown, by clear and convincing evidence, the decision ... was not in accordance with the provisions of this Section.” The provisions in question state that all authorized medical treatment decisions must be in accordance with the medical treatment schedule (“MTS”) promulgated by the OWC. See La. R.S. 23:1203.1(1). Under this new treatment regime, all “medical care, services, and treatment due” shall mean “care, services, and treatment in accordance with the [MTS],” or any variance from the MTS that the OWC Medical Director deems to be “reasonably required to cure or relieve the injured worker from the effects of the .injury or occupational disease given the circumstances.” Id.

I. Appellant’s Assignments of Error

The appellant, Broadmoor, L.L.C., raises two assignments of error: first, the “lower court erred when it reversed the Medical Director’s decision to deny | ¿requested treatment when the supporting documentation did not meet the requirements of the medical guidelines,” and second, the “lower court did not apply the correct standard of review for a Medical Director’s decision.” Broadmoor’s contentions lack merit.

First, appellant argues that the workers’ compensation judge erred in when it “improperly excluded the Utilization Review initial report.” In its judgment, the workers’ compensation judge found that the Utilization Review signed by David Bach-man, M.D. was not competent evidence because Dr. Bachman is not licensed to practice medicine in Louisiana.

La. R.S. 37:1271, in relevant part, provides:

A. No person shall practice medicine as defined herein until he possesses a duly recorded license issued under this Part or a permit or registration as provided for herein.
B.

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Bluebook (online)
169 So. 3d 463, 2015 WL 1088465, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wilson-v-broadmoor-llc-lactapp-2015.