Opinion
NO. 2016 CW 1503
01-23-2017
SEAN AND SHINITA BETHELY, INDIVIDUALLY AND ON BEHALF OF THEIR MINOR CHILDREN, CALEB HONORA AND KAITLYN BETHELY v. GREAT WEST CASUALTY COMPANY, ET AL
In Re: Troy Kling, Liquid Transport, LLC, Dana Transport, Inc. and Great West Casualty Company, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 619,050. BEFORE: HIGGINBOTHAM, THERIOT, AND CHUTZ, JJ.
WRIT DENIED. Relators, Troy Kling, Liquid Transport, LLC, Dana Transport, Inc. and Great West Casualty Company, request a functional capacity examination to be conducted by a physical therapist. A physical therapist is not one of the individuals authorized by Louisiana Code of Civil Procedure Article 1464 to conduct a functional capacity examination. See La. Code Civ. P. art. 1464; Pitre v. Liberty Mutual Insurance Company, 2013-0605 (La. App. 1st Cir. 4/22/13), 2013 WL 12121673 (unpublished); Latiolais v. Hudson Ins. Co., 2015-0030 (La. App. 3d Cir. 4/30/15), 162 So.3d 1283, 1284, reh'g denied (La. 5/13/15).
WRC
MRT
Higginbotham, J., concurs. The Louisiana Supreme Court set forth the criteria for the exercise of supervisory jurisdiction by an appellate court in Herlitz Constr. Co., Inc. v. Hotel Investors of New Iberia, Inc., 396 So.2d 878 (La. 1981) (per curiam). Insofar as the criteria of Herlitz are not met in this case, I would decline to exercise this Court's supervisory jurisdiction. COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT