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BEUTLER ENG. CHIRO. CLIN. v. MERMENTAU RICE

No. 2005-942.

931 So.2d 553 (2006)

BEUTLER ENGLAND CHIROPRACTIC CLINIC (Marie Kershaw) v. MERMENTAU RICE, INC., et al.

Court of Appeal of Louisiana, Third Circuit.

May 31, 2006.

Attorney(s) appearing for the Case

Thomas A. Filo, Cox, Cox, Filo, Camel & Wilson, L.L.P., Lake Charles, LA, for Plaintiff/Appellant, Beutler England Chiropractic Clinic.

Janice B. Unland, Rabalais, Unland & Lorio, Covington, LA, for Defendants/Appellees, Mermentau Rice, Inc. and Louisiana Commerce and Trade Association Self-Insurers' Fund.

Paul D. Gibson, Gibson-Gruenert, L.L.P., Lafayette, LA, for Defendant/Appellee, MED-COMP, USA.

Court composed of ULYSSES GENE THIBODEAUX, Chief Judge, SYLVIA R. COOKS, JOHN D. SAUNDERS, OSWALD A. DECUIR, JIMMIE C. PETERS, MARC T. AMY, MICHAEL G. SULLIVAN, GLENN B. GREMILLION, ELIZABETH A. PICKETT, BILLY H. EZELL, J. DAVID PAINTER, and JAMES T. GENOVESE, Judges.

GENOVESE, Judge.

This court has agreed to accept this case for hearing en banc for the purpose of determining whether the Office of Workers' Compensation has subject matter jurisdiction to consider a claim filed by a healthcare provider against an employer and its insurer over a fee reduction pursuant to a preferred provider organization agreement. In this case, the workers' compensation judge granted Defendants' exceptions of lack of subject matter jurisdiction,...

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