Lafayette City-Parish Consolidated Goverment

DESIGNATED FOR PUBLICATION
STATE OF LOUISIANA
COURT OF APPEAL, THIRD CIRCUIT

NO: WCW 22-00530

Judgment rendered and mailed to all
parties or counsel of record on
December 8, 2022.

LAFAYETTE CITY-PARISH
CONSOLIDATED GOVERNMENT
VERSUS
GILDA SENEGAL

FILED: 08/12/22

On application of Lafayette City-Parish Consolidated Government for Supervisory
Writ in No. 21-04670 on the docket of the Office of Workers' Compensation - # 4,
Parish of Lafayette, Honorable Anthony Paul Palermo.

Counsel for:
Eric J. Waltner Lafayette City-Parish Consolidated
Government

Counsel for:
Donovan J. O'Pry, II Gilda Senegal
Geremy A. Garcia
Luke T. Habetz
Lake Charles, Louisiana, on December 8, 2022.

WRIT GRANTED AND MADE PEREMPTORY. We find that the workers’
compensation court erred when it denied Relator’s motion to compel a functional
capacity examination (FCE). Pursuant to La.R.S. 23:1121(A), Plaintiff “shall submit
[her]self to an examination by a duly qualified medical practitioner provided and
paid for by the employer… as often as may be reasonably necessary.” Such duly
qualified medical practitioner may include a physical therapist, and an FCE may be
compelled in order to resolve disputes over an injured employee’s ability to return
to work. Gautreaux v. K.A.S. Const., LLC, 05-1192 (La. App. 3 Cir. 02/22/06), 923
So.2d 850, and Clavier v. Coburn Supply Co., Inc., 16-625 (La. 6/29/17), 224 So.3d
954. An FCE is reasonably necessary in the instant case to resolve the dispute over
Plaintiff’s ability to return to work. Accordingly, we reverse the ruling of the
workers’ compensation court and grant Relator’s Motion to Compel.

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EAP JWP GJO