Clavier v. Coburn Supply Company, Inc.

The workers’ compensation claimant in this case, Paula Clavier, injured her neck, shoulder, and back while attempting to lift what she thought was a lightweight box, but which actually contained a heavy cast iron sink. The accident occurred within the course and scope of her employment with Coburn Supply Co., Inc. (“Coburn”). Clavier sought medical treatment on the day of the accident, and she continued to receive treatment as of the hearing date. A work status report by Clavier’s treating physician, defendants sought to have her examined by a physician of their choice. Clavier refused to attend a functional capacity evaluation (FCE), scheduled by defendants at the Fontana Center in Lafayette, Louisiana. Defendants filed a “Motion to Compel Functional Capacity Evaluation or Alternatively to Reduce Benefits or in the Further Alternative for Appointment of an independent medical evaluation (IME). The Louisiana Supreme Court granted review to determine whether an employee has a right to select a non-physician medical provider to perform an FCE at the employer’s expense for the purpose of contesting the results of a prior FCE that was performed by an employer-referred physical therapist. An Office of Workers’ Compensation (“OWC”) ruled in defendants’ favor, finding Clavier could not compel defendants to pay for an FCE by a physical therapist of her choosing. Finding no reversible error in the OWC judge’s ruling, the Supreme Court affirmed. View "Clavier v. Coburn Supply Company, Inc." on Justia Law