Dr. Fayez K. Shamieh (Rudolph Jackson) v. Liquid Transport Corp.

STATE OF LOUISIANA
COURT OF APPEAL, THIRD CIRCUIT

07-1159

DR. FAYEZ K. SHAMIEH (RUDOLPH JACKSON)

VERSUS

LIQUID TRANSPORT CORP., ET AL.

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APPEAL FROM THE
OFFICE OF WORKERS' COMPENSATION - # 3
PARISH OF CALCASIEU, NO. 05-04552
AARON FRANK MCGEE, WORKERS COMPENSATION JUDGE

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ELIZABETH A. PICKETT
JUDGE

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Court composed of Glenn B. Gremillion, Elizabeth A. Pickett, and J. David Painter,
Judges.

ANNULLED AND SET ASIDE; REMANDED.

Thomas Allen Filo
Cox, Cox, & Filo
723 Broad Street
Lake Charles, LA 70601
Counsel for Secondary Plaintiff/Appellant:
Dr. Fayez K. Shamieh

Henry Clay Ward III
Attorney at Law
1111 Ryan St.
Lake Charles, LA 70601
Counsel for Defendant/Appellant:
Liquid Transport Corp. and
Great West Casualty Company

Perry R. Staub Jr.
Mark VanHorn
Larry E. Demmons
Taggart, Morton, Ogden, Staub & O’Brien, L.L.C.
Counsel for Intervenor:
CCN Managed Care, Inc.

Judy Y. Barrasso
Stephen L. Miles
Edward R. Wicker Jr.
Barrasso, Usdin, Kupperman
909 Poydras St., Suite #2400
New Orleans, LA 70112
Counsel for Other—Amicus for CCN :
Liberty Mutual Insurance Co.
Helmsman Management Services Co.
Employers Insurance of Wausau

PICKETT, Judge.

Both appeals before this court, 07-1159 and 07-1282, come from the same

proceedings, 05-4552, in the Office of Workers’ Compensation (OWC). In appeal

07-1159, the defendants, Liquid Transport Corporation and Great West Casualty

Company, appeal a judgment from the OWC ordering the defendants to pay the

plaintiff, Dr. Fayez Shamieh, $122.50 in under-payment on a medical bill for the

plaintiff’s treatment of Rudolph Jackson, a workers’ compensation claimant. The

OWC also awarded Dr. Shamieh $4,000.00 in penalties ($2,000.00 for under-payment

and $2,000.00 for late payment) and $3,950.00 in attorney’s fees. The plaintiff, Dr.

Shamieh, also appeals seeking additional attorney’s for the work necessitated by this

appeal. In appeal 07-1282, Community Care Network, Inc. (CCN), appeals a

judgement of the WCJ denying its petition to intervene. For the reasons assigned in

appeal number 07-1282, we reverse the judgment of the Workers’ Compensation

Judge (WCJ) rendered June 6, 2007 denying CCN’s motion to intervene, nullify the

judgment signed July 25, 2007 (in appeal 07-1159), and remand the case for

additional proceedings consistent with this opinion. We defer consideration of the

plaintiff’s request for additional attorney’s fees.

ANNULLED AND SET ASIDE; REMANDED.

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