2021-C-00566 Precedential Writ application granted. Processed

Cox, Cox, Filo, Camel & Wilson, Llc v. Louisiana Workers' Compensation Corporation

Louisiana Supreme Court · Filed June 29, 2021

Also decided on this docket: La., March 25, 2022

Opinion text

Supreme Court of Louisiana
June 29, 2021
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
COX, COX, FILO, CAMEL & WILSON, LLC
VS.
LOUISIANA WORKERS'
COMPENSATION
CORPORATION
No. 2021-C-00566
_ _ _ _
_ _
IN R
E: Louisiana Workers' Compensation Corporation - Applicant Defendant;
Applying For Writ Of Certiorari, Parish of Calcasieu, 14th Judicial District Court
Number(s) 2019-506, Court of Appeal, Third Circuit, Number(s) 20-408;
_ _ _ _ _ _
June 29, 2021
Writ application granted. See briefing notice and Order.
PDG
JLW
JDH
SJC
JTG
WJC
JBM
06/29/2021 "See News Release 027 for any Concurrences and/or Dissents."

Supreme Court
STATE OF LOUISIANA
New Orleans
CHI
EF JUSTICE
BERNETTE J. JOHNSON Seventh District JOHN TARLTON OLIVIER
JUSTICES CLERK OF COURT
WILLIAM J, CRAIN First District
SCOTT J. CRICHTON Second District 400 Royal St., Suite 4200
JAMES T. GENOVESE Third District NEW ORLEANS, LA 70130 -8102
JAY B. MCCALLUM. Fourth District
JEFFERSON D. HUGHES III Fifth District TELEPHONE (504) 310- 2300
JOHN L. WEIMER Sixth District HOME PAGE http://www.lasc.org
Ju
ne 29, 2021
Re: COX, COX, FILO, CAMEL &
WILSON, LLC VS. LOUISIANA
WORKERS' COMPENSATION
CORPORATION
2021-C-566
Dear Counsel,
T
he Court has this day granted the writ application filed in the above-captioned case. You
will be advised at a later date when the case is set on the docket.
O
n the basis of preliminary analysis, the Court has tentatively concluded it will be
appropriate to decide this case summarily and without an authored opinion.
A
fter more intensive study of the merits of the case, and consideration of oral argument,
the Court may adhere to its tentative decision or may assign the case for an authored
opinion.
W
ith kindest regards, I remain,
V
ery truly yours,
Ry
an Chan
Deputy Clerk
cc: All counsel.
06/29/21

Supreme Court
STATE OF LOUISIANA
New Orleans

CHIEF JUSTICE
JOHN L. WEIMER
JUSTICES
WILLIAM J. CRAIN
SCOTT J. CRICHTON
JAMES T. GENOVESE
JAY B. MCCALLUM
JEFFERSON D. HUGHES III
PIPER D. GRIFFIN

Sixth District

First District
Second District
Third District
Fourth District
Fifth District
Seventh District

JOHN TARLTON OLIVIER
CLERK OF COURT

400 Royal St., Suite 4200
NEW ORLEANS, LA 70130-8102

TELEPHONE (504) 310-2300
HOME PAGE http://www.lasc.org
June 29, 2021

2021-C-00566 COX, COX, FILO, CAMEL & WILSON, LLC VS.
LOUISIANA WORKERS' COMPENSATION
CORPORATION

NOTE: FOR BRIEFING PURPOSES WRIT GRANTED June 29, 2021

MEMORANDUM TO COUNSEL IN CAPTIONED CASE:

Please be advised that the above-captioned matter will be set for oral argument on this Court's
next available docket. A copy of the official docket with the specific date and time of oral
argument will be mailed out.

Please note Section 8 of Rule VII of the Rules of this Court provides that the applicant or
relator, as the case may be, must file their briefs on or before July 26, 2021; and the
respondent on or before August 13, 2021.

Oral argument will be waived if brief is untimely filed. Briefs submitted on legal sized paper
should be fastened at the top. All briefs should be backed with the customary "Blueback" or other
flexible material. In criminal proceedings, the court directs that counsel must file a brief. Failure
to do so may subject counsel to a penalty of contempt of Court.

It is further provided in Rule VII, Section 9 that briefs sent through the mail shall be deemed
timely filed if mailed on or before the due date. If the brief is received by mail on the first legal
day following the expiration of the delay, there shall be a rebuttable presumption that it was
timely filed. In all cases where the presumption does not apply, the timeliness of the mailing shall
be shown only by an official United States postmark or by official receipt or certificate from the
United States Postal Service, or bona fide commercial mail services such as Federal Express or
United Parcel Service, made at the time of mailing which indicates the date thereof. Any other
date stamp, such as a private commercial mail meter stamp, or label from an Automated Postal
Center, shall not be used to establish timeliness.

Briefs forwarded by private delivery or courier service shall be deemed timely filed only if
received by the clerk on or before the last day of the delay for filing.

With kindest regards, I remain,

Very truly yours,

Ryan Chan
Deputy Clerk

RC: RC

ccs: All Counsel
14th Judicial District Court: 2019-506 - Div:H
Court of Appeal, Third Circuit: 20-408

SUPREME COURT OF LOUISIANA
No. 2021-C-00566
COX, COX, FILO, CAMEL & WILSON, LLC

VERSUS
LOUISIANA WORKERS' COMPENSATION CORPORATION

On Writ of Certiorari and/or Review
Fourteenth Judicial District Court, Parish of Calcasieu, No. 2019-506;
Court of Appeal, Third Circuit, No. 20-408.

And, whereas, the Court has this date, pursuant to Article 5, Section 5, of the
Constitution of Louisiana, made and issued the following order, to wit— “It is
ordered that the writ of review issue; that the District Court and the Court of
Appeal send up the record in Duplicate of the case; and that counsel for all parties
be notified.”
Now, therefore, the said District Court and the Court of Appeal is hereby
commanded, in the name of the State of Louisiana and of this Honorable Court, to
send up forthwith to this Court, in accordance with Supreme Court Rule 1, at the
City of New Orleans, the record in duplicate of the above-entitled case.

Witness the Honorable Justices of the
Supreme Court of the State of Louisiana, on
this 29
th day of June, in the year of our Lord,
Two Thousand Twenty-One.

_________________________
John Tarlton Olivier
Clerk of Court

__________________________
Deputy Clerk of Court