The Louisiana Third Circuit found no error in a workers’ comp judge’s ruling that an injured worker had no “cognizable claim” to force her employer to fund an MSA at the amount stipulated by CMS. In Hunter v. Rapides Parish School Board, Hunter, acting as her own attorney, had agreed to a settlement with an MSA of $79,937.77 plus a lump sum of $19,000. That settlement was approved by the WCJ and submitted to CMS, which rejected the MSA amount and suggested $94,265 instead. The Rapides Parish School Board then opted not to settle the claim and just pay Hunter’s medical expenses as they accrued. Hunter filed a disputed claim for compensation in an effort to compel an MSA at the CMS amount. Her petition was dismissed, she appealed and the initial ruling was affirmed by the appellate court.
Read a full overview from WorkCompCentral here.
Read the decision here.