Baton Rouge General Medical Center VS Liberty Mutual Insurance Company
Annotate this Case
Download PDF
STATE OF LOUISIANA COURT OF APPEAL FIRST CIRCUIT NO 2009 CA 0316 BATON ROUGE GENERAL MEDICAL CENTER VERSUS LIBERTY MUTUAL INSURANCE COMPANY Judgment rendered September r On 11 2009 Appeal from the Office of Workers Compensation Administration District 5 Louisiana Docket No 08 04447 Honorable Pamela A Moses Laramore Judge Presiding JOHN S BRADFORD ATTORNEYS FOR THOMAS A FILO PLAINTIFF APPELLANT SOMER G BATON ROUGE GENERAL BROWN LAKE CHARLES LA MEDICAL CENTER ERIC J ATTORNEYS FOR WALTNER JACQUES P SOILEAU LAFAYETTE DEFENDANTS APPELLEES LA HOLIDAY RmREMENT CORPORATION AND LIBERTY MUTUAL INS CO BEFORE CARTER C J GUIDRY AND PETTIGREW JJ PETTIGREW J question presented by the instant appeal is whether the Office of Worker s The OWC Compensation for has subject alleged underpayment of worker plaintiff health insurer reverse filed jurisdiction matter care a health Following care a provider grant by the peremptory exception raising the objection of lack of a by defendant employer and provider has appealed and remand for further by injured employee s medical bills compensation court of s subject an matter jurisdiction in a claim its workers For the compensation that follow reasons we proceedings FACTS On filed a April 2008 Baton Rouge General Medical Center disputed claim for compensation against Corporation Company Act 4 and its workers Holiday under the Liberty Mutual Baton Baton Holiday Retirement employer an Rouge General compensation insurer Liberty Mutual Insurance provisions of the Worker s Compensation Act the Rouge General alleged therein that it had provided health Tammy Tuckerson underpayment and employee of Holiday and that said defendants an late or payment of Ms Tuckerson s medical care were bills services to liable to it for together with penalties and attorney fees for their alleged arbitrary and capricious handling of this claim On June 23 2008 the Rouge General workers signed 1 peremptory exception raising was essentially an action to nullify contracts Baton previously negotiated with preferred provider organizations Liberty Mutual argued a a objection of lack of subject matter jurisdiction alleging the claim filed against them by Baton had Holiday and Liberty Mutual filed a an action to nullify contracts fell outside the compensation tribunal Following judgment on August 22 2008 a PPOs Rouge General Holiday and statutory jurisdiction of hearing the worker s compensation court granting the peremptory exception filed by subject matter of the action is through filing of declinatory exception rather than a peremptory their pleading as a peremptory exception and the judgment captioned herein grants same this court will for purposes of uniformity and consistency refer to the objection raised by defendants as a peremptory exception Pursuant to La Code Civ P art 925 an objection that may be raised As defendants herein exception a court s lack of jurisdiction the a 2 over the Holiday and Liberty Mutual thereby dismissing the claims of Baton Rouge General this From judgment Baton Rouge General has appealed ISSUE SET FORTH ON APPEAL The sole issue its claims presented by Baton Rouge General in the instant appeal is whether against Liberty Mutual for underpayment and benefits arise under the Act and therefore are late or payment of medical within the exclusive jurisdiction of the owe LAW AND ANALYSIS Subject jurisdiction is the legal power and authority of matter a particular class of actions demand the amount in dispute determine The or which workers except as over La Code Civ P art 2 by the Louisiana Constitution all civil and criminal matters is vested in the provided by law for administrative agency determinations in compensation matters 23 1310 3 E right asserted courts is established provides that original jurisdiction district courts proceedings based upon the object of the or the value of the subject matter jurisdiction of the court to hear and a La Const art V 9 16 A 1 Louisiana Revised Statutes currently provides for the jurisdiction of the OWC as follows 1361 and provided by R S 23 1101 B 1378 E the workers compensation judge shall be vested with original exclusive jurisdiction over all claims or disputes arising out of this Chapter including but not limited to workers compensation insurance coverage disputes group self insurance indemnity contract disputes employer demands for recovery for overpayment of benefits the determination and recognition of employer credits as provided for in this Chapter and cross claims between employers or workers compensation insurers or self Except insurance as group otherwise funds for indemnification or contribution concursus proceedings pursuant to Louisiana Code of Civil Procedure Articles 4651 et seq concerning entitlement to workers compensation benefits payment for medical treatment or attorney fees arising out of an injury subject to this Chapter Recently a panel of this court was presented with precisely this issue and in its opinion in Millervillage Chiropractic Center Board worker matter 08 1350 s La 12 23 08 compensation jurisdiction court filed 4 granting 3d So a 846 v East Baton said Rouge Parish School panel reversed peremptory exception objecting by defendant employer and 3 its decision by the to lack of subject a workers compensation administrator Following an reversed and held the OWC In its decision in third a workers 848 Millervillage this PPO a citing Broussard Physical Therapy 5 3d So 812 817 provider did not arise proVider was not have subject matter out of the Act and the opinion 3d So 08 1013 arise out of the Act even d isputes involving La parties do not payment of third party 4 4 So 3d at 848 Millervillage 08 1350 p was In Broussard contracts between such where the relevant claims involve the required under the Act at in Broussard responsible for payment benefits under the Act but rather that the PPO the supreme court concluded medical bills 4 a employer had not alleged that the PPO employer and its insurer under the contract between them liable to the 4 to by the employer against the of action asserted cause employer and an Family Dollar Stores Inc v by the jurisdiction Millervillage 08 1350 p This court further noted that in its the supreme court reasoned the PPO court took notice of a recent decision party demand for defense and indemnification filed by compensation insurer against 12 2 08 provider this court care matter jurisdiction to decide the claim possessed subject Supreme Court that held the OWC does Louisiana decide appeal by the plaintiff health citing Broussard Physical Therapy 08 1013 pp 8 9 5 So 3d at 817 This court distinguished the facts presented to the supreme court in Broussard from the facts before it in action an presented for consideration employer did employee employer is a medical Millervillage this In court noted in this case is that of a health care not make sufficient Millervillage Millervillage an Millervillage 08 1350 payments for medical p 5 the cause of provider contending treatment rendered to its 4 So 3d at 848 This court concluded proVider seeking reimbursement of compensation benefits from The owe has jurisdiction over Millervillage s claim pursuant to La RS 23 1310 3 E Under the facts the same situation as presented in the instant case Millervillage Accordingly we Baton Rouge General finds itself conclude the claims asserted in by Baton Rouge General in the present litigation against Holiday and Liberty Mutual arise out of the Act and are within the exclusive jurisdiction of the OWe 4 CONCLUSION For the the reasons set forth above the grant by the worker s compensation court of peremptory exception filed by defendant employer and insurer is its workers compensation hereby reversed and this matter is remanded to said court for further proceedings All costs of this appeal are assessed against defendants Holiday Retirement Corporation and its workers compensation insurer Liberty Mutual Insurance Company REVERSED AND REMANDED 5
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
