Joe S. Wilson VS McGuire Construction, LLC d/b/a Shoreline Services and Argonaut Insurance Company
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STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT JOE S. WILSON N0. 2013 CW 1329 VERSUS McGUIRE CONSTRL' CTION, LLC D/ B/ A SHORELINE SERVICES AND ARGONAUT In INSURANCE Re: Joe KUHN, DEC 2 0 Z013 Wilson, applying for supervisory Compensation, District 9, No . Workers ' of BEFORE: S. COMPANY HIGGINBOTHAM, p Np THERIOT, Office writs, 10- 11117 . JJ. WRIT DENIED. TMfi MRT Kuhn, J. , Workers' of over concurs . La . Compensation all claims Compensation with Hcwever, 23 : 1310 . 3 ( F) original, disputes or Act . R. S. arising the vests exclusive out Workers' the the of Office jurisdiction Compensation Workers' Act does not create an action or prcvide relief where an employer or its insurer does not within the to . La . ° state 5. either establish and maintain a claims office or retain 23 : 1161 . L licensed a Article IV, claims adjuster" pursuant Section 11 of the Louisiana Constitution established the Department of Insurance headed by Commissioner Insurance, have perform Pursuant authorized by 22this constitution or provided by duties : 17) , the of law. " to Insurance " may authority of that processing as by provisions Commissioner Compensation R. S . R. S . does Construction, Argonaut an Or APPEAL, have LLC Insurance office U L CLERK OF COUR1 FOR THE of certificate of whenever "a he shal claims find for office COURT requests services of adjusters . " Moreover, for from the to authority d/ b/ a Shoreline Company, iocated FIRST CIRCUIT G{ DE Co.mmissioner the or to retain the claims Therefore, 23 : 1161 . 1 . COJRT and waivers the 23 : 1161 . 1 are to be submitted to the not insurer, with 23 : 1161 . 1, Insurance . of maintain independent McGuire adjuster to powers he revoke insurer alien 23 : 1161 . 1 ( D) , La. of or " compensation insurance claims in this state, La. R. S . or to 337 ( A) ( suspend, fails domiciled La. under R. S . foreign a workers' required Louisiana La . refuse, insurer" such is who in Office of compel Servic Workers' defendant, s or its to retain a licensed claims Louisiana under La . R. S .
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