Paula Clavier v. Coburn Supply Company, Inc.
2017 La. LEXIS 1381
| La. | 2017Background
- Paula Clavier injured her neck, shoulder, and back at work in 2006 and received extensive treatment, including surgeries; she was awarded benefits by consent judgment in 2010.
- After treating physician Dr. Hodges placed her off work in 2013, defendants arranged evaluations; Dr. Foster (defendants’ doctor) recommended an FCE due to symptom magnification concerns.
- Defendants scheduled an employer-selected FCE at the Fontana Center; Clavier refused and litigation followed, culminating in an OWC order compelling attendance at an employer-arranged FCE.
- After the Fontana FCE (April 9, 2015), Clavier moved to compel defendants to pay for a second FCE by a physical therapist of her choice to contest the Fontana results; OWC denied that motion and ordered the Fontana report sent to the court-appointed IME for review.
- Clavier’s appeals to the Third Circuit were denied; the Louisiana Supreme Court granted review to decide whether the employer must pay for an employee-selected non-physician FCE when the employee seeks to contest an employer-ordered FCE.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether employee is entitled to employer-paid FCE by non-physician of her choice to rebut employer-ordered FCE | Clavier: she should be allowed an employer-funded FCE by her chosen physical therapist to contest the Fontana report | Defendants: statute lets employer provide and pay for "medical practitioner" examinations (broad term); employee only has right to select a treating "physician" | Court: Employee not entitled to employer-paid non-physician FCE to contest employer-ordered FCE absent a treating physician’s plan calling for such testing; affirmed OWC denial |
Key Cases Cited
- Rison v. LifeCare Hosp. of Shreveport, 196 So.3d 657 (La. App. 2 Cir. 2016) (distinguishes "medical practitioner" from "physician")
- Miller v. Christus St. Patrick Hosp., 100 So.3d 404 (La. App. 3 Cir. 2012) (uses similar statutory interpretation distinguishing terms)
- Leonard v. Wal-Mart Stores, Inc., 582 So.2d 332 (La. App. 5 Cir. 1991) (expenses incurred solely to prepare litigation are not compensable as medical treatment)