The Louisiana Supreme Court ruled in Arrant v. Wayne Acree PLS Inc. that an injured worker had the right to an MRI after allowing the 15 day period to appeal the Medical Director’s decision lapse. Justice Knoll, writing for the majority, ruled that a statutory prescriptive period cannot be shortened by administrative rule, explaining that the OWC/Medical Director lacked statutory authority to do so because the legislature “explicitly provided a prescriptive period for ‘all claims for medical benefits.’” And that no statute explicitly or implicitly gave this power to the Medical Director. Two justices (Guidry and Crichton) dissented, stating that they do not find that 1203.1 actually sets out prescriptive periods, but rather, appeal delays that are intended to increase efficiency in the resolution of medical disputes. This case and guidance related to it will be discussed at the next Workers’ Compensation Advisory Council (WCAC) meeting at the LaSalle Building this Thursday morning in Baton Rouge. Stick with Comp Blog for complete coverage.
Download the case in full: Arrant v Acree_La Supreme Court