84 LUMBER CO. v. BABINEAUX

No. 04-620.

886 So.2d 693 (2004)

84 LUMBER COMPANY and Lumbermen's Mutual Casualty Company v. Honorable Allen M. BABINEAUX, In His Capacity as Curator for Interdict, Randall Marks, Nursing Corporation of America, Inc., Nursing America, Inc., Olsten-Kimberly Quality Care, Blue Cross and Blue Shield of Mississippi (d/b/a Trispan Health Services), Centers for Medicare and Medicaid Services, U.S. Department of Health and Human Services, Jim Letten, U.S. Attorney for the Eastern District of the United States of America, Tommy Thompson, Director of the U.S. Department of Health and Human Services, Our Lady of Lourdes Regional Medical Center, Inc. and Opelousas General Hospital.

Court of Appeal of Louisiana, Third Circuit.

November 10, 2004.


Attorney(s) appearing for the Case

Philip E. Roberts, Roy, Bivins, Judice, Lafayette, LA, for Defendant/Appellee, Our Lady of Lourdes Regional Medical Center, Inc.

Hugh B. Exnicios, Jr., Exnicios Legal Center, Folsom, LA, for Defendant/Appellee, Honorable Allen M. Babineaux, in his capacity as Curator for Interdict, Randall Marks.

James B. Letten, Attorney at Law, New Orleans, LA, for Defendant/Appellee, U.S. Attorney General's Office for the Eastern District of Louisiana.

James Steven Gates, Morrow, Morrow, et al., Opelousas, LA, for Defendant/Appellee, Nursing America, Inc., Nursing Corporation of America, Inc.

Donald Wayne Washington, Attorney at Law, Shreveport, LA, for Defendant/Appellee, U.S. Attorney General's Office for the Western District of Louisiana.

Lawrence B. Frieman, Juge, Napolitano, Guilbeau, Ruli, Frieman & Whiteley, Metairie, LA, for Plaintiffs/Appellants, Lumbermen's Mutual Casualty Company, 84 Lumber Company.

Nicholas Gachassin III, The Gachassin Law Firm, Lafayette, LA, for Defendant/Appellee, Opelousas General Hospital.

Agent C.T. Corporation System, Agent for Service, Baton Rouge, LA, for Defendant/Appellee, Olsten-Kimberly Quality Care.

Services Center of Medicare and Medicaid, Baltimore, MD, for Defendant/Appellee, Center of Medicare and Medicaid Services.

Tommy Thompson, Director of U.S. Department of Health & Human Services, Washington, DC, for Defendant/Appellee, Tommy Thompson.

Gentiva Health Services, Inc., Melville, NY, for Defendant/Appellee, Gentiva Health Services, Inc.

John Ashcroft, U.S. Attorney General, Washington, DC, for Defendant/Appellee, Department of Health & Human Resources.

Court composed of SYLVIA R. COOKS, JOHN D. SAUNDERS and OSWALD A. DECUIR, Judges.


DECUIR, Judge.

This lawsuit stems from a workers' compensation claim filed by Randall Marks against his employer, 84 Lumber Company, and its insurer, Lumbermen's Mutual Casualty Company. After final judgment was rendered in the compensation proceedings, 84 Lumber and Lumbermen's Mutual filed the instant action in district court against Marks and numerous health care providers seeking reimbursement of medical expenses paid to or on behalf of Marks pursuant to his workers...

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