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LANE MEMORIAL HOSP v. GAY

No. 2003 CA 0701.

873 So.2d 682 (2004)

LANE MEMORIAL HOSPITAL v. Sheila Gaspard GAY.

Court of Appeal of Louisiana, First Circuit.

February 23, 2004.

Attorney(s) appearing for the Case

J. Douglas Sunseri, Metairie, Jean-Louis Lemoine, Lafayette, Counsel for Plaintiffs/Appellants Lane Memorial Hospital and Louisiana Hospital Association-Workers' Compensation Group Self-Insurance Fund.

Charles R. Davoli, Baton Rouge, Counsel for Defendant/Appellee Sheila Gaspard Gay.

Before: PETTIGREW, DOWNING, and McCLENDON, JJ.

MCCLENDON, J.

The salient issue raised on appeal in this workers' compensation case is whether, pursuant to LSA-R.S. 23:1121, an employer can require an employee to submit to a second opinion examination by a physician of the employer's choice. Finding it cannot, we affirm the judgment of the Office of Workers' Compensation.

In June of 1991, while working as a phlebotomist at Lane Memorial Hospital, Sheila Gaspard Gay sustained a work-related injury. Gay has...

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