Lake Charles Memorial Hospital (Dustin Hebert) v. Hobby Lobby Stores, Inc.

STATE OF LOUISIANA
COURT OF APPEAL, THIRD CIRCUIT

10-263
consolidated with 10-261 and 10-262

LAKE CHARLES MEMORIAL HOSPITAL
(DUSTIN HEBERT)

VERSUS

HOBBY LOBBY STORES, INC.

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APPEAL FROM THE
OFFICE OF WORKERS’ COMPENSATION, DISTRICT 3
PARISH OF CALCASIEU, NO. 05-01592
SHELLY D. DICK, WORKERS’ COMPENSATION JUDGE

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DAVID E. CHATELAIN*
JUDGE

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Court composed of Sylvia R. Cooks, J. David Painter, and David E. Chatelain,
Judges.

AFFIRMED IN PART; REVERSED IN PART; RENDERED.

Thomas A. Filo
Cox, Cox, Filo, Camel & Wilson, L.L.C.
723 Broad Street
Lake Charles, Louisiana 70601
(337) 436-6611
Counsel for Plaintiff/Appellant:
Lake Charles Memorial Hospital

*
Honorable David E. Chatelain participated in this decision by appointment of the Louisiana
Supreme Court as Judge Pro Tempore.

John V. Quaglino
Denis P. Juge
Juge, Napolitano, Guilbeau,
Ruli, Frieman & Whiteley
3320 W. Esplanade Avenue North
Metairie, Louisiana 70002
(504) 831-7270
Counsel for Defendant/Appellee:
Hobby Lobby Stores, Inc.

CHATELAIN, Judge.

For the reasons discussed in the companion case in this consolidated matter,

Lake Charles Memorial Hospital (Stephen Babin) v. Hobby Lobby Stores, Inc.,

(La.App. 3 Cir. ___/___/10), ____ So.3d ____, we reverse the WCJ’s denial of

LCMH’s claims that Hobby Lobby underpaid it for the services it rendered to Hobby

Lobby’s employees and order that Hobby Lobby reimburse LCMH in accordance

with the Reimbursement Schedule, as well as the WCJ’s denial of LCMH’s claims

for penalties and attorney fees for Hobby Lobby’s failure to reimburse it according

to the Reimbursement Schedule. Further, we award $2000 in penalties with regard

to each claim and award attorney fees in the amount of $1900 in the Babin case and

$2000 in the Hines and Hebert cases for work performed before the WCJ; we award

$1500 in attorney fees with regard to each claim for work performed on this appeal.

We affirm the WCJ’s award of penalties and attorney fees for Hobby Lobby’s late

reimbursement of LCMH’s claims. All costs are assessed to Hobby Lobby.

AFFIRMED IN PART; REVERSED IN PART; RENDERED.

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