Legal Opinion
Berry v. State ex rel. Department of Transportation & Development
Louisiana Court of Appeal
Decided August 10, 2016No. 50,820-WCAPublished
1Opinion of the CourtMoore, J.
The Louisiana Department of Transportation and Development (“DOTD”) appeals the judgment from the Office of Workers’ Compensation (“OWC”) ordering the DOTD to replace medical equipment for the claimant, James Berry. For the reasons expressed, we affirm.
Factual Background
Berry was injured in an accident while working for the DOTD in 1986 and began receiving workers’ compensation benefits shortly thereafter. In 2002, the DOTD supplied Berry with a Tempur-Pedic bed and four-wheel mobility scooter. Since then, and prior to the enactment of the Medical Treatment Guidelines (“MTG”), it has repaired…
2Cases cited5 opinions
- Arabie v. CITGO Petroleum Corp.Supreme Court of Louisiana · 2012
- Gilliam v. Brooks Heating & Air ConditioningLouisiana Court of Appeal · 2014
- Usie v. Lafayette Parish School SystemLouisiana Court of Appeal · 2013
- Thomas v. Marsala Beverage Co.Louisiana Court of Appeal · 2015
- Daniels v. State, Department of Transportation & DevelopmentLouisiana Court of Appeal · 2014