Cited by

Opinions in Louisiana that cite Brown v. Texas-LA Cartage, Inc., 721 So. 2d 885.

400 citing documents.

Broussard v. Acadian Ambulance Serv., Inc. 239 So. 3d 425 La. Ct. App. 1st Cir. 2018
Laura Carter v. Iberia Parish School Board La. Ct. App. 3d Cir. 2017
12/1/98), (quoting Weber v. State, 93-62 (La.
Carter v. Iberia Parish Sch. Bd. 258 So. 3d 740 La. Ct. App. 1st Cir. 2017
12/1/98), , 893 (quoting Weber v. State , 93-62 (La.
Christus Health Southwest Louisiana D/B/A Christus St. Patrick Hospital v. All About You Home Healthcare, Inc. La. Ct. App. 3d Cir. 2017
12/1/98), the supreme court defined the term “reasonably controverted:” The phrase “reasonably controverted,” on the other hand, mandates a different standard.
Bradley v. St. Francis Med. Ctr. 244 So. 3d 722 La. Ct. App. 2d Cir. 2017
12/01/98), , 890 ; Arrant, supra ; Koenig v. Christus Schumpert Health Sys.
RHONDA TIMBERLAKE VERSUS CHRISTUS HEALTH CENTRAL LOUISIANA D/B/A CHRISTUS ST. FRANCES CABRINI HOSPITAL La. Ct. App. 3d Cir. 2017
Timberlake v. Christus Health Central Louisiana 221 So. 3d 284 La. Ct. App. 1st Cir. 2017
Allen v. Graphic Packaging International, Inc. 211 So. 3d 1219 La. Ct. App. 2d Cir. 2017
Kirk A. Sparrow v. City of Jeanerette La. Ct. App. 3d Cir. 2016
Sparrow v. City of Jeanerette 210 So. 3d 460 La. Ct. App. 1st Cir. 2016
Thibodaux v. Grand Isle Shipyard, Inc. 207 So. 3d 459 La. Ct. App. 1st Cir. 2016
James Simmons v. Luba Worker's Comp. La. Ct. App. 3d Cir. 2016
Simmons v. Luba Workers' Comp. 206 So. 3d 397 La. Ct. App. 1st Cir. 2016
Tolley v. James Construction Group, LLC 202 So. 3d 1044 La. Ct. App. 1st Cir. 2016
Fernandez v. Hand Construction, LLC 194 So. 3d 1149 La. Ct. App. 1st Cir. 2016
23:1201(F); See Brown v. Texas-LA Cartage, Inc., 98-1063, p. 8 (La.12/1/98), -890 .
Johnson v. Sewerage & Water Board New Orleans 190 So. 3d 785 La. Ct. App. 1st Cir. 2016
Inc., 98-1063, p. 9 (La.12/01/98), .
Leidelmeijen v. Ferncrest Manor Nursing Home Luba Workers' Comp. 191 So. 3d 38 La. Ct. App. 1st Cir. 2016
See Brown v. Texas-LA Cartage, Inc., 98-1063, p. 8 (La.12/1/98), , In Brown , the Louisiana Supreme Court translated the term “.reasonably controvert” to mean that “a court must ascertain whether the employer or his insurer engaged in.
Namias v. Sunbelt Innovative Plastics, LLC 190 So. 3d 745 La. Ct. App. 1st Cir. 2016
Brown v. Texas-LA Cartage, Inc., 98-1063 (La.12/1/98), .
Tingle v. Page Boiler, Inc. 186 So. 3d 220 La. Ct. App. 2d Cir. 2016
the employer or insurer reasonably controverted a claim, the WCJ must find that the payer “engaged in a nonfrivolous legal dispute or possessed factual and/or medical information to reasonably counter the factual and medical information presented by the claimant throughout the time he refused to pay all or part of the benefits allegedly owed.” Brown v. Texas-LA Cartage Inc., 98-1063 (La.12/1/98), ; Morris v. Rent-A-Center Inc., 43,191 (La.App.
Marshall v. Town of Winnsboro 184 So. 3d 796 La. Ct. App. 2d Cir. 2015
The phrase “reasonably controvert” means that the defendant must have “some valid reason or evidence on which to base his denial of benefits.” Brown v. Tex-LA Cartage, Inc., 1998-1063 (La.12/01/98), .
LAFAYETTE BONE & JOINT CLINIC(CHARLES POOLE, JR.) VERSUS GUY HOPKINS CONSTRUCTION CO., INC. La. Ct. App. 3d Cir. 2015
Poole v. Guy Hopkins Construction Co. 177 So. 3d 142 La. Ct. App. 1st Cir. 2015
A workers’ compensation claim has been “reasonably controverted” if the employer/insurer “possessed factual and/or medical information to reasonably counter the factual and medical information presented by the claimant[.]” Brown v. Texas-LA Cartage, Inc., 98-1063, p. 9 (La.12/1/98), .
Rixner v. East Jefferson General Hospital 176 So. 3d 677 La. Ct. App. 1st Cir. 2015
Brown v. Texas-LA Cartage, Inc., 98-1063 (La.12/1/98); .
Lois J. Shailow v. Gulf Coast Social Services La. Ct. App. 3d Cir. 2015
Shailow v. Gulf Coast Social Services 166 So. 3d 1239 La. Ct. App. 1st Cir. 2015
To reasonably controvert a claim, an employer must be “engaged in a nonfrivo-lous legal dispute or [possess] factual and/or medical information to reasonably counter the factual and medical information presented by the claimant throughout the time he refused to pay all or part of the benefits allegedly owed.” Brown v. Texas-LA Cartage, Inc., 98-1063, p. 9 (La.12/1/98), .
Lauryn Ruebush v. Office of Risk Management & the Care Center of Dequincy La. Ct. App. 3d Cir. 2015
Ruebush v. Office of Risk Management 160 So. 3d 659 La. Ct. App. 1st Cir. 2015
See Brown v. Texas-LA Cartage, Inc., 98-1063 (La.12/1/98), .
Bridges v. Gaten's Adventures Unlimited, L.L.C. 167 So. 3d 992 La. Ct. App. 1st Cir. 2015
Brown v. Texas-LA Cartage, Inc., 98-1063 (La.12/1/98), ; Arabie Brothers Trucking Co. v. Gautreaux, 12-0849 (La.App.
Jason Montou v. Boise Cascade Company La. Ct. App. 3d Cir. 2015
Montou v. Boise Cascade Co. 160 So. 3d 637 La. Ct. App. 1st Cir. 2015
Brown v. Texas-LA Cartage, Inc., 98-1063 (La.12/1/98), .
Hayward v. Boh Bros. Construction Co. 169 So. 3d 622 La. Ct. App. 1st Cir. 2015
Brown v. Texas-LA Cartage, Inc., 98-1063 (La.12/1/98), .
Groover v. Lafitte's Boudoir, Inc. 162 So. 3d 1184 La. Ct. App. 1st Cir. 2015
As explained by the Louisiana Supreme Court in Brown v. Texas-LA Cartage, Inc., 98-1063, p. 9 (La.12/1/98), , 890: [T]o determine whether the claimant’s right has been reasonably controverted, thereby precluding the imposition of penalties and attorney fees under La.
Young v. City of Gonzales 166 So. 3d 1070 La. Ct. App. 1st Cir. 2015
Brown v. Texas-LA Cartage, Inc., 98-1063 (La.12/1/98), ; Pitre, 102 So.3d at 823 .
Millender v. Basf Corp. 168 So. 3d 649 La. Ct. App. 1st Cir. 2014
See Brown v. Texas-LA Cartage, Inc., 98-1063 (La.12/1/98), .
Mildred Deloach v. Fara Insurance Services La. Ct. App. 3d Cir. 2014
Deloach v. Fara Insurance Services 154 So. 3d 737 La. Ct. App. 1st Cir. 2014
The law is clear that to determine if a claim has been reasonably controverted, “a court must ascertain whether the employer or his insurer engaged in a nonfrivolous legal dispute or possessed factual and/or medical information to reasonably counter the factual and medical information presented by the claimant.” Brown v. Texas-LA Cartage, Inc., 98-1063, p. 9 (La.12/1/98), .
Massey v. Fresenius Medical Care Holding 152 So. 3d 1019 La. Ct. App. 2d Cir. 2014
Brown v. Texas-LA Cartage Inc., 98-1063 (La.12/1/98), ; Thompson, supra: Reasonably controverting a claim means that the employer or insurer has sufficient 11 ¡factual and medical information to reasonably counter that provided by the claimant.
Futch v. Horseshoe Casino 146 So. 3d 818 La. Ct. App. 2d Cir. 2014
Cartage Inc., 98-1063 (La.12/1/98), .
Kennen Daniel v. Point to Point Directional Drilling, Inc. La. Ct. App. 3d Cir. 2014
employer ―engaged in a nonfrivolous legal dispute or possessed factual and/or medical information to reasonably counter the factual and medical information presented by the claimant throughout the 21 time he refused to pay all or part of the benefits allegedly owed.‖ Brown v. Texas-LA Cartage, Inc., 98-1063, p. 9 (La.12/1/98)
Daniel v. Point to Point Directional Drilling, Inc. 139 So. 3d 613 La. Ct. App. 1st Cir. 2014
t: A claim for benefits has been reasonably controverted when the employer “engaged in a nonfrivolous legal dispute or possessed factual and/or medical information to reasonably counter the factual and medical information presented by the claimant throughout the |22time he refused to pay all or part of the benefits *627 allegedly owed.” Brown v. Texas-LA Cartage, Inc., 98-1063, p. 9 (La.12/1/98), .
Lafayette Steel Erector, Inc. v. James Constance La. Ct. App. 3d Cir. 2014
Lafayette Steel Erector, Inc. v. Constance 137 So. 3d 1251 La. Ct. App. 1st Cir. 2014
as been reasonably controverted when the employer “engaged in a nonfrivolous legal dispute or possessed factual and/or medical information to reasonably counter the factual and medical information presented by the claimant throughout the time he refused to pay all or part of the benefits allegedly owed.” Weaver, 53 So.3d at 555 (quoting Brown v. Texas-LA Cartage, Inc., 98-1063, p. 9 (La.12/1/98), ).
Richard Young v. Supplier Services, LLC La. Ct. App. 3d Cir. 2014
Rebel Distributors Corp., Inc. (Mary Doucet) v. Luba Worker's Comp. La. Ct. App. 3d Cir. 2014
Rebel Distributors Corp. v. LUBA Workers' Comp. 137 So. 3d 91 La. Ct. App. 1st Cir. 2014
A workers’ compensation claim has been “reasonably controverted” if the employer/insurer “possessed factual and/or medical information to reasonably counter the factual and medical information presented by the claimant[.]” Brown v. Texas-LA Cartage, Inc., 98-1063, p. 9 (La.12/1/98), .
Young v. Supplier Services, LLC 141 So. 3d 288 La. Ct. App. 1st Cir. 2014
oyer meets this burden, “a court must ascertain whether the employer or his insurer engaged in a nonfrivolous legal dispute or possessed factual and/or medical information to reasonably counter the factual and medical information presented by the claimant throughout the time he refused to pay all or part of the benefits allegedly owed.” Brown v. Texas-LA Cartage, Inc., 98-1063, p. 9 (La.12/1/98), .
Greer v. Whole Foods Market, Inc. 133 So. 3d 80 La. Ct. App. 1st Cir. 2014
Brown v. Texas-LA Cartage, Inc., 98-1063, p. 5 (La.12/1/98), -88 .
Linda Anderson v. Kroger 747 La. Ct. App. 3d Cir. 2013
James Long v. Bengal Transportation La. Ct. App. 3d Cir. 2013
12/1/98), as follows: In general, one can surmise from the plain meaning of the words making up the phrase “reasonably controvert” that in order to reasonably controvert a claim, the defendant must have some valid reason or evidence upon which to base his denial of benefits.
Christy Rogel v. Dollar General Corp. La. Ct. App. 3d Cir. 2013
12/1/98), as follows: In general, one can surmise from the plain meaning of the words making up the phrase “reasonably controvert” that in order to reasonably controvert a claim, the defendant must have some valid reason or evidence upon which to base his denial of benefits.