ROXANNE LATIOLAIS VERSUS HUDSON INSURANCE COMPANY, ET AL.
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DESIGNATED FOR PUBLICATION STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT NO: CW 15-00300 Judgment rendered and mailed to all parties or counsel of record on April 8, 2015. ROXANNE LATIOLAIS VERSUS HUDSON INSURANCE COMPANY, ET AL. FILED: 04/02/15 On application of Roxanne Latiolais for Supervisory Writ in No. 2011-4809 on the docket of the Fifteenth Judicial District Court, Parish of Lafayette, Honorable Michelle M. Breaux. James Christian Lewis John Patrick Guillory Sidney Wallis Degan, III Foster P. Nash, III Philip Charles Brickman David Thomas Butler, Jr. Counsel for: Roxanne Latiolais Counsel for: Acme Truck Line, Inc. Hudson Insurance Company John Mhire Counsel for: Gemini Insurance Company Counsel for: LUBA Insurance Company Lake Charles, Louisiana, on April 8, 2015. STAY DENIED. WRIT GRANTED IN PART AND MADE PEREMPTORY; WRIT DENIED IN PART. We find that the trial court erred in ordering the plaintiff to undergo a functional capacity evaluation (FCE) by Samuel Forester, a physical therapist. A physical therapist is not one of the professionals permitted to conduct examinations pursuant to La.Code Civ.P. art. 1464. See Williams v. Smith, 576 So.2d 448 (La.1991)(limiting examinations to those professionals specifically set forth in Article 1464). Therefore, we hereby reverse the trial court’s ruling ordering the FCE. As this court orders that the FCE be set aside, we decline to issue a ruling regarding the issue of whether good cause has been shown for an FCE. _____________________ JCP _____________________ JTG _____________________ JEC
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