Opinion

Nelson v. Highland Insurance Co.

  • 634 So. 2d 941
  • 1994 La. App. LEXIS 736
  • 1994 WL 101125
Court
Louisiana Court of Appeal
Filed
Mar 30, 1994
Status
Published
Author
Brown
On the bench
Brown, Stewart, Williams
Cited by
2 cases

The opinion

BROWN, Judge,

dissenting.

The facts of this case are stronger than those presented in Bailey, supra. Although his home was only a short distance from Vicksburg, claimant made a reasonable effort to see a Louisiana orthopedic specialist. Because he was in pain, it was not necessary for him to wait two weeks to see a Monroe physician. His local doctor referred claimant to a specialist in Vicksburg. Under these circumstances, it was reasonable for him to seek immediate treatment in Vicksburg. In Bailey, supra, the supreme court found that LSA-R.S. 23:1203 did not bar payment of medical expenses when a claimant was referred to a neurologist in Mississippi. In Bailey, the referral resulted after claimant’s treating physician determined that a neurologist in this state was not available. Claimant in this action was also referred to the specialist in Vicksburg by a local doctor after he was unable to obtain an immediate appointment in Monroe. Under these circumstances, I respectfully disagree with the majority opinion. These medical expenses were reasonable and should have been paid.

I respectfully dissent.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.