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TOURO INFIRMARY v. LOWES NEW ORLEANS HOTEL

No. 2010-CA-0103.

44 So.3d 869 (2010)

TOURO INFIRMARY (Mallori Pierre) v. LOWES NEW ORLEANS HOTEL CORPORATION and the Phoenix Insurance Company.

Court of Appeal of Louisiana, Fourth Circuit.

July 28, 2010.

Attorney(s) appearing for the Case

Stephen B. Murray, Jr. , Arthur M. Murray , Murray Law Firm, New Orleans, Louisiana, Thomas A. Filo , Cox Cox Filo Camel & Wilson, Lake Charles, LA, for Plaintiff/Appellant.

Richard S. Vale , Jade C. McKeough , Blue Williams, L.L.P., Metairie, LA, for Defendants/Appellees.

(Court composed of Chief Judge JOAN BERNARD ARMSTRONG, Judge JAMES F. McKAY III, Judge ROLAND L. BELSOME).

JAMES F. McKAY, III, Judge.

Touro Infirmary submitted bills to Lowes New Orleans Hotel Corporation and its workers' compensation insurer, The Phoenix Insurance Company for medical services it provided to Mallori Pierre on November 4 and 6, 2006. On December 8 and December 15, 2006, Phoenix made payment to Touro, but in amounts less than that mandated by the workers' compensation fee schedule. On May 27, 2009, Touro filed a timely claim for the underpayment and asserted...

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