RAVEN GOTTE JR v. AIR CONDUIT LLC AND AMERISURE INSURANCE COMPANY (2022)

Louisiana Revised Statute 23:1226(B)(3)(c) allows an employer to withhold 50% of the employee's entitled worker's compensation benefits if the employee refuses to comply with rehabilitative services.

Plaintiff's employer reduced his worker's compensation benefits by 50% on the basis plaintiff refused to comply with rehabilitative services. While it is true that plaintiff refused to meet with his counselor, was uncooperative, and ignored several notice letters, plaintiff claimed a conflict of interest and objected to his employer choosing his rehabilitation services counselor. Plaintiff also objected to having said counselor and others attend his doctor visits with him. This presents a serious constitutional issue. Particularly, reducing plaintiff's benefits 50% without a hearing, in my view, constitutes a denial of due process. Plaintiff's right to “file a complaint” is not tantamount to a due process hearing. Allowing the employer to designate the rehabilitation counselor and cut an employee's benefits 50% without a hearing equates to a sham rehabilitation.

Plaintiff has a right and is entitled to a due process hearing before his employer reduces his benefits 50%. I would reverse the lower courts and order the employer to provide plaintiff a hearing before reducing his benefits.

Genovese, J., would grant this writ and assigns the following reasons: