Louisiana’s 2nd Circuit has reversed the ruling of the OWC judge denying a claimant penalties and attorney’s fees because the claimant’s employer failed to adequately inform the claimant of his choice of physician. The case, O’Quinn v. Trinidad Drilling, revolved around a crush injury resulting in a fractured wrist that was initially improperly diagnosed by the employer’s choice of physician. O’Quinn’s pursuit of another doctor who diagnosed the problem and the continuing treatment his wrist has required were the basis of his appeal. The court found that the workers’ compensation judge had “clearly” erred in accepting Trinidad’s argument that O’Quinn had been informed of his rights, since there was no recorded evidence of such an exchange and O’Quinn’s pursuit of an alternative physician during his off-work hours suggested otherwise.
Read the decision here.
Read the overview from WorkCompCentral here.