# Nelson v. Highland Insurance Co.

> Louisiana Court of Appeal · March 30, 1994 · 634 So. 2d 941

URL: https://www.frixlaw.com/law-library/cases/7679179

## Case

- **Full name:** John F. NELSON v. HIGHLAND INSURANCE COMPANY
- **Court:** Louisiana Court of Appeal
- **Decided:** March 30, 1994
- **Citations:** 634 So. 2d 941; 1994 La. App. LEXIS 736; 1994 WL 101125
- **Precedential status:** Published
- **Opinion:** Dissent by Brown
- **Judges:** Brown, Stewart, Williams
- **Cited by:** 2 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7679179

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7679179. Public record. Not legal advice.