EWING v. HILBURN

No. 11-1243.

88 So.3d 640 (2012)

Nadine EWING v. Frederick M. HILBURN, II.

Court of Appeal of Louisiana, Third Circuit.

Opinion on Rehearing April 25, 2012.


Attorney(s) appearing for the Case

Eugene A. Ledet, Jr. , Dalrymple & Ledet LLC, Alexandria, LA, for Plaintiff/Appellant, Nadine Ewing.

Kim Purdy Thomas , Patrick F. Cole , Mayer, Smith & Roberts, L.L.P., Shreveport, LA, for Defendants/Appellees, Frederick M. Hilburn, II, DDS and Continental Casualty Company.

Court composed of JIMMIE C. PETERS, ELIZABETH A. PICKETT, and JAMES T. GENOVESE, Judges.


PETERS, J.

Nadine Ewing appeals from the workers' compensation judge's (WCJ's) denial of her request for penalties and attorney fees based on her employer's refusal to approve her treatment by the orthopedic surgeon of her choice. For the following reasons, we reverse the WCJ judgment, render judgment in Mrs. Ewing's favor, and remand this matter for further proceedings.

DISCUSSION OF THE RECORD

Mrs. Ewing claims to have suffered an injury to her...

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