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TOURO INFIRMARY v. EMERIL'S HOMEBASE

No. 2010-CA-0104.

44 So.3d 871 (2010)

TOURO INFIRMARY (Kent Kennedy) v. EMERIL'S HOMEBASE, L.L.C. 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, LA, 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 N.O.L.A. Partnership d/b/a NOLA Restaurant and The Phoenix Insurance Company.

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

JAMES F. McKAY III, Judge.

Touro Infirmary submitted bills to Emeril's Homebase, L.L.C. and its workers' compensation insurer, The Phoenix Insurance Company for medical services it provided to Kent Kennedy on July 16, 2009. On July 31, August 25, and December 8, 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 a claim...

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