SMITH v. SOUTHERN HOLDING, INC.

No. 2002-CC-1071.

839 So.2d 5 (2003)

Michael SMITH v. SOUTHERN HOLDING, INC. and Southern Scrap Material Company, L.L.C.

Supreme Court of Louisiana.

Rehearing Denied March 21, 2003.


Attorney(s) appearing for the Case

Michael D. Meyer, Counsel for Applicant.

Ruben Hernandez, Jr., Robert A. Lenter, Metairie, Counsel for Respondent.


KNOLL, Justice.

In this workers' compensation case, we are asked to decide whether an employee who submits to surgery and treatment by an employer-referred physician, makes a de facto choice of treating physician within the meaning of La.Rev.Stat. 23:1121(B). There is a split among the First and Third Circuit Courts of Appeal and the Fourth Circuit as to the proper resolution of this question.1 The First and Third Circuits recognize...

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