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DUCOTE v. ALBERT

No. 87-C-0841.

521 So.2d 399 (1988)

Deloches Ducote, Wife of/and Annis DUCOTE, Sr. v. Dr. Matthew ALBERT, Dr. Russell Levy and Dr. G. Gregory Gidman.

Supreme Court of Louisiana.

Concurring Opinion March 22, 1988.

Attorney(s) appearing for the Case

William Bologna, Habans & Bologna, New Orleans, for applicant.

Donna Cummings, Cummings, Cummings & Dudenhefer, New Orleans, for respondent.

COLE, Justice.*

ISSUE

The issue in this medical malpractice action is whether La.R.S. 23:1032 provides tort immunity to a "company doctor," who shares full-time employment with the plaintiff by the same employer, for the doctor's alleged misdiagnosis and failure to treat plaintiff's work-related injury which resulted in a worsening of the injury. La.R.S. 23:1032 provides in part:

The rights and remedies herein granted...

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