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AUTHEMENT v. SHAPPERT ENGINEERING

No. 2002-C-1631.

840 So.2d 1181 (2003)

Ronald Joseph AUTHEMENT v. SHAPPERT ENGINEERING and St. Paul Fire & Marine Insurance Company.

Supreme Court of Louisiana.

Rehearing Denied April 25, 2003.

Attorney(s) appearing for the Case

Michael J. Samanie, Houma, Stephen S. Stiplecovich, for Applicant.

Frank R. Whiteley, III, Metairie, for Respondent.

WEIMER, Justice

This matter comes before the court on the issue of whether the failure of a workers' compensation carrier to authorize prepayment requested by a doctor prior to examination of a workers' compensation claimant is a failure to provide payment of medical benefits such that penalties are triggered. See LSA-R.S. 23:1201(E) & (F) and 23:1203(A). Additionally we are called upon to resolve a split in the circuits regarding whether a failure to authorize...

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