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MUSCULOSKELETAL INST., LA v. McDONALD'S

Nos. 45,628-WCA, 45,629-WCA.

48 So.3d 359 (2010)

MUSCULOSKELETAL INSTITUTE OF LOUISIANA, APMC (Al Pertuz), Plaintiff and Appellant v. McDONALD'S CORP., Defendant and Appellee. Musculoskeletal Institute of Louisiana, APMC (Carl Peacock), Plaintiff and 2nd Appellant v. Rollins, Inc., Defendant and 1st Appellant.

Court of Appeal of Louisiana, Second Circuit.

Rehearing Denied October 28, 2010.

Attorney(s) appearing for the Case

Javier Law Firm, LLC by Roger Anthony Javier , Amanda H. Baxter , Stacey A. LaGraize , New Orleans, Louisiana, for Rollins, Inc., and McDonald's Corp.

Williams Family Law Firm, LLC by R. Bray Williams , Joe Payne Williams , Natchitoches, Louisiana, for Musculoskeletal Institute of Louisiana.

Cox, Cox, Filo, Camel & Wilson, by Thomas Allen Filo , Michael K. Cox , Lake Charles, Louisiana, for Musculoskeletal Institute of Louisiana.

Before BROWN, GASKINS and DREW, JJ.

GASKINS, J.

These consolidated appeals involve a dispute between the same health care provider and two different employers concerning underpayment of workers' compensation benefits. The health care provider asserts that it was reimbursed at a rate below the Louisiana workers' compensation medical reimbursement schedule because of preferred provider organization ("PPO") network agreements. The workers' compensation judge ("WCJ") ruled in favor of the health care provider...

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