Steven Sessum VS Quality Exterrior Services, L.L.C. and Bridgefield Casualty Insurance Company
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STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT STEVEN SESSUM NO. 2016 CW 1423 5, 2016 VERSUS QUALITY EXTERRIOR LLC BRIDGEFIELD AND INSURANCE Steven DECEMBER CASUALTY COMPANY In SERVIES, Re: of BEFORE: in C. J., GRANTED judgment part the to Office the The prematurity. be must GUIDRY AND McCLENDON, IN PART AND DENIED of as exception, for Office applying supervisory writs, Compensation, District 06, No. 15- 06130. Workers' WHIPPLE, WRIT 2016 Sessum, IN PART. of Workers' These either the Office 1106, So. 2d SIF prematurity, to or in the prior 1041, 1045, defendants herein answer, and entered into a surgery 23: 1203. 1( J) the on K) and ( was the are care, Cir. Trade 5/ 7/ Cir. of either is in erroneous answer, P. its of granting St. v. 10), 38 to PUTY FOR CLERK OF THE by in or the parties herein lumbar denial of or of compensability. disputes as to applicable treatment schedule, Workers' of CIRCUIT COURT COURT So. 3d filed plaintiff' s the PMc FIRST 803 Association — the of APPEAL, Mary 12/ 28/ 01), denial JMG OF before Moreover, the VGW COURT 926, arts. that services Office and waived. not are in disputes Compensation exception of La. to was R. S. whether accordance based upon raised by facts of manifestly prematurity. filed by defendants is prematurity application is denied in all other respects. exception writ The case. of dilatory a compensability. Accordingly, the issue of prematurity defendants in the exception was inapplicable under the this reversed prematurity prior 21, exception proceedings lst lst filed treatment medical to Commerce & App. Civ. Wilson App. exception not stipulation recommended with was based La. La. The therefore, was the 3. Code applicable Louisiana 2009 - 2014 ( n. La. Compensation. 2000 - 2106 ( 1111 - 1112; Cruz, v. Workers' of Action, Community are Compensation of exception requirements September defendants' is waived unless properly pleaded. 928. The of granting filed JJ. denied. The This
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