Alejandro Garcia v. Crothall Industries, Inc.

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

ALEJANDRO GARCIA NO. 2019 CW 0439

VERSUS

CROTHALL INDUSTRIES, INC. SEP 0 3 2019

In Re: Alejandro Garcia, applying for supervisory writs,

Office of Workers' Compensation, District 6, No.

1808332.

BEFORE: WELCH, CRAIN, HOLDRIDGE, CHUTZ, AND LANIER, JJ.

WRIT GRANTED. Louisiana Revised Statute 23: 1121( B)( 1)

provides that, "[ t] he employee shall have the right to select

one treating physician in any field or specialty, [ and] . . .

a] fter his initial choice the employee shall obtain prior

consent from the employer or his workers' compensation carrier

for a change of treating physician within that same field or

Beyond making the determination whether the
specialty."
employee can select a new treating physician, La. R. S. 23: 1121
does not afford a hearing officer the ability to place any
limitations on which particular physician an employee may, or

may not, select. Accordingly, the March 7, 2019 judgment is
vacated in part, removing any restrictions on relator, Alejandro

Garcia' s, choice of a new treating physician.

JEW
WRC

WIL

Crain and Holdridge, JJ., dissent and would deny the writ.

COURT OF APPEAL, FIRST CIRCUIT

kO-

DEdUty CLERK OF COUR
FOR THE COURT