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WAL-MART ASSOCIATES, INC. v. WOODEN

Nos. 47,998-WCW, 48,051-WCW, 48,437-WCA.

132 So.3d 482 (2014)

WAL-MART ASSOCIATES, INC., Plaintiff-Applicant, v. Glenda WOODEN, Defendant-Respondent. Marion H. Sims, Plaintiff-Respondent, v. Key Energy Services, Inc., Defendant-Applicant. Brian Gagnon, Plaintiff-Appellee, v. Jay Mallard Ford, Defendant-Appellant.

Court of Appeal of Louisiana, Second Circuit.

January 22, 2014.

Attorney(s) appearing for the Case

Chadwick Law Firm by R. O'Neal Chadwick, Jr. , Sara B. Dantzler , for Applicant, Wal-Mart Associates, Inc.

Street & Street by Curtis D. Street , for Respondent, Glenda Wooden.

Glusman, Broyles & Glusman, Baton Rouge, by Stephen W. Glusman , for Respondents, Louisiana, Home Builders, Association Self-Insurers Fund, Louisiana Automobile Dealers Association Self Insurers, Louisiana Restaurant Association Self Insurers Fund, Louisiana Workers' Compensation Corporation, Stonetrust Commercial Insurance Company, LUBA Casualty Insurance Company, LAC Self-Insured Fund and Louisiana Healthcare Self Insurance Fund.

Allen & Gooch, A Law Corporation, Lafayette, by Michael E. Parker , for Applicant, Key Energy Services, Inc.

Alexander S. Lyons , for Respondent, Marion H. Sims.

Hudson, Potts & Bernstein, L.L.P., Monroe, by Brian P. Bowes , for Appellant.

Alex S. Lyons , for Appellee.

Before BROWN, WILLIAMS, STEWART, CARAWAY, DREW, MOORE, LOLLEY, PITMAN and GARRETT, JJ.

WILLIAMS, J., for the Court En Banc.

In these consolidated cases, each workers' compensation judge concluded that the Medical Treatment Guidelines, set forth in LSA-R.S. 23:1203.1, were substantive laws that could not be applied retroactively. In two of the cases, docket numbers 47,998-WCW and 48,051-WCW, this Court granted supervisory writs to review the correctness of the workers' compensation judges' rulings.

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