Shamieh v. Liquid Transport Corp.
Docket: No. 07-1159
Court: Louisiana Court of Appeal; January 29, 2008; Louisiana; State Appellate Court
The court, consisting of Judges Glenn B. Gremillion, Elizabeth A. Pickett, and J. David Painter, addressed two appeals stemming from the same workers' compensation proceedings. In appeal 07-1159, Liquid Transport Corporation and Great West Casualty Company challenged a ruling from the Office of Workers’ Compensation (OWC) that mandated them to compensate Dr. Fayez Shamieh $122.50 for an underpayment related to medical services provided to Rudolph Jackson, a workers' compensation claimant. Additionally, the OWC imposed $4,000 in penalties ($2,000 for under-payment and $2,000 for late payment) and awarded Dr. Shamieh $8,950 in attorney’s fees. Dr. Shamieh also sought further attorney’s fees for the current appeal. In appeal 07-1282, Community Care Network, Inc. (CCN) contested a decision from the Workers' Compensation Judge (WCJ) that denied its petition to intervene in the case. The court reversed the WCJ's denial of CCN's motion to intervene, nullified the judgment from July 25, 2007, associated with appeal 07-1159, and remanded the case for further proceedings consistent with the court’s opinion. The request for additional attorney’s fees by Dr. Shamieh was deferred for later consideration. The court's final decision was to annul and set aside the prior judgment and remand the case.