Legal Opinion

Smith v. Lafarge North America, L.L.C.

Louisiana Court of Appeal

Decided November 2, 2012No. 2012 CA 0337PublishedCited by 4 opinions

1Opinion of the CourtCarter, C.J.

^Claimant, Darrin Smith, appeals a determination of the Office of Workers’ Compensation (OWC) that lumbar surgery was not reasonable or medically necessary. For the following reasons, we affirm.

FACTS AND PROCEDURAL HISTORY

Darrin Smith was involved in a motor vehicle accident on Highway 25 in Folsom, Louisiana, on April 24, 2007, while in the course and scope of his employment with Lafarge North America, L.L.C. (Lafarge). Smith was driving a ready-mix cement truck, which flipped several times after Smith attempted to avoid colliding with a vehicle merging into his lane of travel. Smith was…

2Cases cited2 opinions

  1. Dawson v. Terrebonne General Medical CenterLouisiana Court of Appeal · 2011
  2. Ponthier v. Vulcan Foundry, Inc.Louisiana Court of Appeal · 1996

3Cited by4 opinions

  1. Louisiana Commerce & Trade Ass'n v. WilliamsLouisiana Court of Appeal · 2015
  2. Cordon v. Parish Glass of St. Tammany, Inc.Louisiana Court of Appeal · 2014
  3. Millender v. Basf Corp.Louisiana Court of Appeal · 2014
  4. Advantage Personnel & Louisiana Safety Ass'n of Timbermen v. CleaveLouisiana Court of Appeal · 2014

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