Opinion
No. CW 15–00300.
2015-04-30
Roxanne LATIOLAIS v. HUDSON INSURANCE COMPANY, et al.
On application of Roxanne Latiolais for Supervisory Writ in No. 2011–4809 on the docket of the Fifteenth Judicial District Court, Parish of Lafayette, Honorable Michelle M. Breaux. James Christian Lewis, for Roxanne Latiolais. John Patrick Guillory, Lafayette, for Acme Truck Line, Inc., Hudson Insurance Company, John Mhire.
On application of Roxanne Latiolais for Supervisory Writ in No. 2011–4809 on the docket of the Fifteenth Judicial District Court, Parish of Lafayette, Honorable Michelle M. Breaux.
James Christian Lewis, for Roxanne Latiolais. John Patrick Guillory, Lafayette, for Acme Truck Line, Inc., Hudson Insurance Company, John Mhire.
Sidney Wallis Degan, III, Foster P. Nash, III, Philip Charles Brickman, New Orleans, for Gemini Insurance Company.
David Thomas Butler, Jr., for LUBA Insurance Company.
WRIT GRANTED IN PART AND MADE PEREMPTORY; WRIT DENIED IN PART.
We find that the trial court erred in ordering the plaintiff to undergo a functional capacity evaluation (FCE) by Samuel Forester, a physical therapist. A physical therapist is not one of the professionals permitted to conduct examinations pursuant to La.Code Civ.P. art. 1464. See Williams v. Smith, 576 So.2d 448 (La.1991)(limiting examinations to those professionals specifically set forth in Article 1464). Therefore, we hereby reverse the trial court's ruling ordering the FCE. As this court orders that the FCE be set aside, we decline to issue a ruling regarding the issue of whether good cause has been shown for an FCE.