Legal Opinion

Masters v. Fontenot

Louisiana Court of Appeal

Decided February 4, 2004No. 03-1060Published

1Opinion of the Court

JjPICKETT, Judge.

The appellant, Body Masters, appeals the judgment of the WCJ awarding attorney fees.

FACTS

Ray Fontenot injured his back while in the course and scope of his employment with Body Masters, Inc. This fact is undisputed. This appeal arises from a request by Body Masters to have an independent medical examiner appointed to review the necessity of surgery for Fontenot. Dr. Alan Appley, Fontenot’s treating neurosurgeon, recommended surgery, while Dr. Stephen Goldware, a neurosurgeon chosen by Body Masters, recommended against surgery. Acting pursuant to La.R.S. 23:1123, Body Masters…

2Cases cited3 opinions

  1. Williams v. Rush Masonry, Inc.Supreme Court of Louisiana · 1999
  2. Gibson v. Dynamic Industries, Inc.Louisiana Court of Appeal · 1997
  3. Guidry v. Cytec IndustriesLouisiana Court of Appeal · 2000

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