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REED v. ST. FRANCIS MEDICAL CENTER

No. 44,211-WCA.

8 So.3d 824 (2009)

Marcella REED, Plaintiff-Appellee v. ST. FRANCIS MEDICAL CENTER, Defendant-Appellant.

Court of Appeal of Louisiana, Second Circuit.

April 8, 2009.

Attorney(s) appearing for the Case

Hayes, Harkey, Smith & Cascio, LLP by John B. Saye, Monroe, for Appellant.

Law Offices Of Street & Street, by C. Daniel Street, Monroe, for Appellee.

Before PEATROSS, MOORE and LOLLEY, JJ.

MOORE, J.

St. Francis Medical Center appeals a judgment finding that it failed to reasonably controvert its employee Marcella Reed's request to change her treating orthopedic surgeon, and imposing a penalty of $2,000 and attorney fee of $5,000. The Workers' Compensation Judge ("WCJ") focused solely on the disparate accounts of Ms. Reed's office visit of April 10, 2007, to Dr. Brian Bulloch, her chosen orthopedic surgeon, and accepted Ms. Reed's recollection of the...

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