LAFAYETTE CITY PARISH CONSOLIDATED GOVERNMENT v. GILDA SENEGAL (2022)

Court of Appeal of Louisiana, Third Circuit.

LAFAYETTE CITY-PARISH CONSOLIDATED GOVERNMENT v. GILDA SENEGAL

NO: WCW 22-00530

Decided: December 08, 2022

Eric J. Waltner Counsel for: Lafayette City-Parish Consolidated Government Donovan J. O'Pry, II Geremy A. Garcia Luke T. Habetz Counsel for: Gilda Senegal

Lake Charles, Louisiana, on December 8, 2022.

WRIT GRANTED AND MADE PEREMPTORY. We find that the workers’ compensation court erred when it denied Relator's motion to compel a functional capacity examination (FCE). Pursuant to La.R.S. 23:1121(A), Plaintiff “shall submit [her]self to an examination by a duly qualified medical practitioner provided and paid for by the employer․ as often as may be reasonably necessary.” Such duly qualified medical practitioner may include a physical therapist, and an FCE may be compelled in order to resolve disputes over an injured employee's ability to return to work. Gautreaux v. K.A.S. Const., LLC, 05-1192 (La. App. 3 Cir. 02/22/06), 923 So.2d 850, and Clavier v. Coburn Supply Co., Inc., 16-625 (La. 6/29/17), 224 So.3d 954. An FCE is reasonably necessary in the instant case to resolve the dispute over Plaintiff's ability to return to work. Accordingly, we reverse the ruling of the workers’ compensation court and grant Relator's Motion to Compel.

EAP

JWP

GJO

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