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White v. Fresenius Medical Care12/12/2001
of this language from Paragraph C. We disagree.
Article 9 of the Louisiana Civil Code requires: "When a law is clear and unambiguous and its application does not lead to absurd consequences, the law shall be applied as written and no further interpretation may be made in search of the intent of the legislature." Although FMC argues that the text of La.R.S. 23:1209 is clear and unambiguous, we point out that, even if this assertion is correct, we must consider whether its application would lead to absurd consequences in this situation. In this case it would.
If this court were to accept FMC's argument regarding the Supreme Court's discussion in Lester of a previous version of the statute coupled with the wording of La.R.S. 23:1209(C), a claimant would potentially be permitted to receive indemnity benefits, but not medical expenses. Although this type of rigid application was adopted by a panel of the second circuit in Holcomb v. Bossier City Police Dept., 27,095 (La.App. 2 Cir. 8/25/95); 660 So.2d 199, we decline to follow such an interpretation. In that case, two members of the five-judge panel dissented on this point, with one member writing that it was not the legislature's intent in overruling Lester to "reach a result as conflicting and incongruous as the one in this case." Id. at 204 (Brown, J., dissenting.) We conclude that a similar result would be unacceptable in this case. Accordingly, we find no error in the workers' compensation judge's conclusion that the limitations period applicable in "developing injury " cases relates to both indemnity and medical benefits. This assignment lacks merit.
Statutory Limitation of Medical Expenses
Next, FMC argues that the trial court erred in awarding all of the medical expenses incurred. Rather, because there is no indication that Ms. White sought or received approval for her neck and back treatments, FMC contends that La.R.S. 23:1142 is applicable and restricts the medical payments as follows:
B. Non-emergency care. (1) Except as provided herein, each health care provider may not incur more than a total of seven hundred fifty dollars in non-emergency diagnostic testing or treatment without the mutual consent of the payor and the employee as provided by regulation. Except as provided herein, that portion of the fees for non-emergency services of each health care provider in excess of seven hundred fifty dollars shall not be an enforceable obligation against the employee or the employer or the employer's workers' compensation insurer unless the employee and the payor have agreed upon the diagnostic testing or treatment by the health care provider.
According to FMC, because of lack of mutual consent for Ms. White's non-emergency care, " nder the clear and unambiguous language of the statute, in the event either or both of White's medical problems are ultimately found to have resulted from the accident, each health care provider is limited to a total reimbursement of $750."
We first point out that the record does not reveal that this argument was presented to the workers' compensation judge for consideration below nor does it appear that a ruling was made in this regard. In any event, the argument is misplaced. As can be seen by use of the "developing injury" limitations period, this matter has not proceeded in standard fashion as may have been anticipated by much of the workers' compensation statutory scheme. Rather, according to the claimant's testimony, she did not immediately seek medical attention and did not immediately associate the medical problems with the work-related fall. According to her testimony, she initially associated her symptoms with other medical problems. As her e
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