Sentury Building Components v. Deshazo

Citations: 918 So. 2d 556; 5 La.App. 3 Cir. 0525; 2005 La. App. LEXIS 2643; 2005 WL 3579240Docket: No. 05-525

Court: Louisiana Court of Appeal; December 29, 2005; Louisiana; State Appellate Court

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Clifton Deshazo, an employee of Sentury Building Components, appeals a Workers’ Compensation Judge (WCJ) decision that denied his request to receive treatment from an orthopedic surgeon of his choice following a knee injury sustained on November 1, 2003. Initially, Deshazo was treated by Dr. Richard McGregor and subsequently referred to Dr. Michael Holland, whom he formally selected as his orthopedist on November 12, 2003. Despite continuing treatment with Dr. Holland until March 22, 2004, Deshazo refused an appointment with Dr. Stanley Foster, arguing that he was entitled to Dr. Holland as his chosen physician.

Sentury filed a Motion to Suspend Benefits, but the WCJ denied this motion. An independent medical examination with Dr. Angela Mayeaux was ordered, and the WCJ later ruled on January 7, 2005, that there was no medical necessity for Deshazo to see another orthopedic surgeon, regardless of who chose the physician. This ruling was formalized in a judgment dated February 25, 2005.

Deshazo's appeal centers on the assertion that the trial court erred by not ordering Sentury to cover treatment by a physician of his choice. The WCJ's transcript indicated both Dr. Holland and Dr. Mayeaux agreed no further treatment was needed, but Deshazo maintains his entitlement to choose his physician per Louisiana Revised Statutes 23:1121, which grants employees the right to select a treating physician in any specialty. The WCJ did not address whether the Choice of Physician Form was valid, and the amendments to the statute effective as of August 15, 2003, were acknowledged as not applying to this case. The law requires that an employee can only be examined by one medical practitioner in each specialty without their consent and allows employees to change treating physicians within the same field only with prior approval from their employer.

An employee can choose their treating physician if they are treated by a physician not specifically directed by the employer or insurer. If directed to a physician, that physician can also be considered the employee's choice if the employee has received written notice of their right to select one treating physician in any specialty and chooses the employer's referral after an initial medical examination, as indicated by their signature on a choice of physician form. This notice must be on a form provided by the director of the office of workers' compensation and delivered to the employee either in person or by certified mail. 

Additionally, the rules do not apply to physicians referred by the employer's selected physician unless a separate choice of physician form is obtained after the initial examination. If the employee is illiterate or faces a language barrier, an authorized representative must attest they have read and explained the form to the employee before signing. Failure or refusal of the employee to sign the form allows the employer or insurer to seek an expedited hearing within ten days, and the court may suspend medical benefits until compliance occurs. 

The document notes that the validity of the Choice of Physician Form under the law as amended in 2003 was not addressed by the Workers' Compensation Judge (WCJ). Thus, the matter is being remanded to the Office of Workers' Compensation for a determination on whether the form was properly executed in accordance with La.R.S. 23:1121 as amended in 2003.