#Driver assessment fee in ny $750.00 professional#

The Court erred in awarding up to $750.00 for medical benefits previously incurred by the claimant without a showing or finding under LSA-R.S. 23:1203(A), and without requiring a showing or making a finding that any of the medical benefits awarded were reasonable and necessary as required under the Louisiana WorkersвЂ™ Compensation Act. The Court erred in awarding medical benefits without holding claimant to his burden of proof under LSA-R.S. The assignments of error follow: SLAYTER ASSIGNMENTS OF ERROR: 1. Both Slayter and Cross appeal from this judgment. Finally, the WCJвЂ™s judgment stated that Slayter must pay for CrossвЂ™ ongoing medical treatment pursuant to the Medical Treatment Guidelines, utilization rules and procedures, and medical fee schedule. The judgment then denied CrossвЂ™ request for payment to EMPI for a TENS unit, and CrossвЂ™ request for payment to Walgreens or any expenses to any health care provider paid by other insurance. The judgment also awarded Cross attorneyвЂ™s fees of $8,500.00. The judgment also penalized Slayter 2 $2,000.00 for failing to pay up to the $750.00 cap to each of the four physicians, for a total of $8,000.00. Linschoten, and $325.00 (the total cost for the treatment) for treatment with Dr. After receiving briefs on the matter and copies of CrossвЂ™ medical records from the four physicians, the WCJ issued a judgment for Cross against Slayter for $750.00 for treatment with Dr. Despite this information, Cross filed a 1008 form for disputed compensation on April 17, 2014. Again, Slayter informed Cross and the doctors of the necessity of a 1010 form in order for the treatment to get approved. Thereafter, Cross sent Slayter a multitude of demand letters that included copies of medical records from the four physicians. Dole, Quillin, Stehr, and Linschoten prior to receiving any authorization from Slayter. Rather than having the physicians fill out a 1010 form, Cross simply treated with the Drs. Slayter refused to write the letters and requested that the treating physicians follow the Louisiana medical treatment guidelines by submitting a 1010 form. Cross requested that letters of financial responsibility be written by Slayter in order for him to treat with the four physicians. Niels Linschoten, an orthopedic specialist in Baton Rouge. Michael Dole, a pain management physician in Alexandria, Louisiana. Young recommended that Cross find physicians closer to his home and referred Cross to Dr. After driving back and forth to Arkansas for treatment for some time, Dr. Amongst many treating physicians in Arkansas, he treated with an orthopedic surgeon, Dr. Cross had significant care performed at Mercy Medical Center in Hot Springs, Arkansas. CrossвЂ™ injuries were severe and required multiple surgeries. While performing duties within the course and scope of his employment at the location where the pipe was to be delivered, CrossвЂ™ load of pipe fell from his trailer and on to him. On January 4, 2013, Cross was delivering a flat-bed truck loaded with pipe in Arkadelphia, Arkansas. FACTS AND PROCEDURAL HISTORY: Employee, David Cross, was employed by Slayter Trucking Companies, L.L.C. Further, the WCJ awarded the employee penalties and attorneyвЂ™s fees, but denied the employeeвЂ™s request that all of his medical expenditures made to the relevant physicians be reimbursed. The WCJ found that the employer was responsible for up to the $750.00 cap as provided by La.R.S. Four of these physicians failed to submit 1010 forms prior to treating the employee. Thereafter, the treating physicians were selected by the employee due to proximity to the employeeвЂ™s home.

The Arkansas physicians recommended that the employee find physicians closer to his home and referred him to one such physician. The employee had previously been treated in Arkansas, where his work-related accident transpired. The issue in the case is that the employee underwent medical treatment without some of his medical treatment providers submitting 1010 forms requesting authorization for continuing medical treatment. This is a workersвЂ™ compensation case wherein an employee was injured in the course and scope of his employment. Alexandria, LA 71301 (318) 448-4406 COUNSEL FOR DEFENDANT/APPELLANT: Slayter Trucking Companies, LLC SAUNDERS, Judge.

#Driver assessment fee in ny $750.00 professional#

Box 80247 Lafayette, LA 70598-0247 (337) 235-1825 COUNSEL FOR PLAINTIFF/APPELLEE: David Paul Cross Bradley John Gadel A Professional Law Corporation 728 Jackson St. SAUNDERS JUDGE ********** Court composed of Sylvia R. BRADDOCK, WORKERSвЂ™ COMPENSATION JUDGE ********** JOHN D. STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT 16-98 DAVID PAUL CROSS VERSUS SLAYTER TRUCKING COMPANIES, LLC ********** APPEAL FROM THE OFFICE OF WORKERS' COMPENSATION - # 2 PARISH OF RAPIDES, NO.