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AGILUS HEALTH v. ACCOR LODGING

No. 2010-C-0800.

52 So.3d 68 (2010)

AGILUS HEALTH (Allison Taylor) v. ACCOR LODGING NORTH AMERICA.

Supreme Court of Louisiana.

November 30, 2010.

Attorney(s) appearing for the Case

Allen & Gooch, Eric J. Waltner , Michael Edward Parker , Lafayette, Barrasso, Usdin, Kupperman, Freeman & Sarver, LLC, Stephen Lawrence Miles , Edward R. Wicker, Jr. , Judy Y. Barrasso , New Orleans, for Applicant.

Pascal F. Calogero, Jr. , Cox, Cox, Filo, Camel Wilson , Michael Kevin Cox , Thomas Allen Filo , Lake Charles, The Murray Law Firm, Stephen Barnett Murray , Arthur M. Murray , Stephen Barnett Murray, Jr. , New Orleans, The Williams Family Law Firm, Richard Bray Williams , Joseph Payne Williams , Natchitoches, for Respondent.

CIACCIO, J.*

This case involves an alleged underpayment of workers' compensation benefits from the employer to the treating health care provider. The Louisiana Workers' Compensation Act ("LWCA") provides a reimbursement schedule, which sets forth maximum charges for medical treatment to workers' compensation patients. In this case, the payments to the health care provider were discounted below the reimbursement schedule pursuant to a preferred...

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