Crescent City Surgical Care Centre Facility, LLC v. Beverly Industries, LLC

|,I respectfully dissent from the májority opinion. In particular, I find that the trial court erred in denying Crescent City’s claim for special reimbursement against the defendants, Beverley Industries, LLC and Gray Insurance Company.

On appeal, Crescent City bore the burden of proving that the case was “atypical in nature due to case acuity causing unusually high charges when compared to the provider’s usual case mix.” The OWC trial judge found that Crescent City failed to meet its burden of proof. In her reasons for judgment, the OWC trial judge highlighted the fact that three-level…