Legal Opinion · Dissent

In re Anderson

Louisiana Court of Appeal

Decided December 13, 2018No. 2017 CA 1576Published

1Dissent

McDonald, J. Dissenting:

I respectfully dissent from the majority's opinion that the "mailbox rule" applies in this matter. I believe there is only one reasonable interpretation of the phrase "to pay to the board" and it means the fee must be received by the PCF Board within the 45 days, not just mailed to the PCF Board during that time period. This is the holding in In Re Medical Review Panel Proceeding of Benjamin, 14-192 (La. App. 5 Cir. 11/25/14), 165 So.3d 161, writ denied, 2015-0142 (La. 4/10/15), 163 So.3d 814 and Igwike v. Memorial Medical Center, 2006-0167 (La. App. 4 Cir. 5/23/07),…

2Cases cited5 opinions

  1. Medical Review Panel of Davis v. Louisiana State University Health Sciences Center-ShreveportLouisiana Court of Appeal · 2006
  2. In re Medical Review Panel Proceedings of GloverLouisiana Court of Appeal · 2017
  3. Igwike v. Memorial Medical CenterLouisiana Court of Appeal · 2007
  4. In re Medical Review Panel Proceeding of BenjaminLouisiana Court of Appeal · 2014
  5. In RE MEDICAL REVIEW PANEL OF DAVIS v. Louisiana State University Health Sciences Center-ShreveportSupreme Court of Louisiana · 2006

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