BEUTLER ENGLAND CLINIC v. MARKET BASKET

No. 05-952.

919 So.2d 816 (2005)

BEUTLER ENGLAND CLINIC (Cheryl Brown) v. MARKET BASKET NO. 27.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied February 15, 2006.


Attorney(s) appearing for the Case

Thomas A. Filo, Cox, Cox, Filo, Camel & Wilson, L.L.P., Lake Charles, Counsel for Plaintiffs/Appellants: Beutler England Chiropractic Clinic, Cheryl Brown.

Rusty J. Savoie, Adams and Reese, LLP, Baton Rouge, Counsel for Defendant/Appellee: Market Basket No. 27.

John S. Bradford, William B. Monk, Stockwell, Sievert, Viccellio, Clements & Shaddock, L.L.P., Lake Charles, Counsel for: Southwest Louisiana Hospital Association, Amicus Curiae.

Floyd J. Falcon, Jr., Avant & Falcon, Baton Rouge, Counsel for: Louisiana American Federation of Labor and Congress of Industrial Organizations, Amicus Curiae.

John E. Galloway, Galloway, Johnson, Tompkins, Burr & Smith, Livingston, Counsel for: F.A. Richard & Associates, Inc., Amicus Curiae.

Stephen W. Glusman, Glusman, Broyles & Glusman, LLC, Baton Rouge, Counsel for: Louisiana Association of Self Insured Employers, Amicus Curiae Louisiana Association of Business and Industry, Amicus Curiae.

Denis Paul Juge, Juge, Napolitano, Guilbeau, Ruli, Frieman & Whitely, American Plaza, Building D, Baton Rouge, Counsel for: Cambridge Integrated Services, Amicus Curiae Crawford & Company, Amicus Curiae.

Christopher R. Philipp, Lafayette, Counsel for: Louisiana Municipal Risk Management, Amicus Curiae.

Edward R. Wicker, Jr., Barrasso, Usdin, Kupperman, Freeman & Sarver, L.L.C., New Orleans, Counsel for: Helmsman Management Services Company, Amicus Curiae Employers Insurance of Wausau, Amicus Curiae Liberty Mutual Insurance Company, Amicus Curiae.

Perry R. Staub, Jr., Mark E. Van Horn, Larry E. Demmons, Taggart, Morton, Ogden, Staub, Rougelot & O'Brien, L.L.C., New Orleans, Counsel for: First Health Group Corporation, Amicus Curiae.

Cory R. Cahn, Entergy Services, Inc., New Orleans, Counsel for: Entergy Services, Inc., Amicus Curiae.

Court composed of JIMMIE C. PETERS, MARC T. AMY, and ELIZABETH A. PICKETT, Judges.


AMY, Judge.

Beutler England Chiropractic Clinic filed a disputed claim form in workers' compensation court, alleging that services billed pursuant to the workers' compensation fee schedule were not fully paid by an employer's insurer. It seeks payment of the full amount billed. The defendants contend that Beutler England contracted to receive only 85% of that permitted under the fee schedule. The workers' compensation judge granted the employer's exception of lack...

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