144 So. 3d 969
La.2014Background
- Cook injured her back in 2006 while employed by Family Care Services.
- In 2007 she underwent L4-5 fusion and has ongoing treatment with Dr. Gleason.
- In 2012 Dr. Gleason sought CT scan authorization; Family Care denied the requests.
- Cook sought review through LWC Forms 1009 and 1008; alleged statute 23:1203.1 applies post-enactment only, not to her pre-enactment injury.
- OWC ruled that 23:1203.1 applies to the 2012 treatment request arising from the 2006 accident; CA denied writ.
- Louisiana Supreme Court held the statute operates prospectively, applying to post-enactment requests despite pre-enactment injury, affirming and remanding.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether 23:1203.1 retroactively applies | Cook: statute not applicable to a pre-enactment injury. | Family Care/OWC: statute governs post-enactment requests in all disputes. | Statute operates prospectively; not retroactive. |
Key Cases Cited
- Church Mut. Ins. Co. v. Dardar, 130 So.3d 332 (La. 2014) (supports prospective application of 23:1203.1)
- Cook v. Family Care Services, Inc., 130 So.3d 332 (La. 2014) (consolidated decision issuing contemporaneous reasoning)