Opinion
No. 45,699-WCA.
November 3, 2010.
Appealed from the Office of Workers' Compensation, District 1W, Parish of Bossier, Louisiana, Docket No. 09-02563, Ryan Gatti, Workers' Compensation Judge.
Taylor, Wellons, Politz Duhe', New Orleans, LA by Patrick F. Robinson, for Appellants.
Robert M. Hanna, for Appellee.
Before BROWN, DREW, and MOORE, JJ.
Defendants, Lowe's Home Centers, Inc., and Specialty Risk Services, appeal from a judgment entered by default in favor of plaintiff, Michelle Morgan, awarding her temporary total disability benefits, penalties, and attorney fees. A Joint Motion to Vacate Trial Court Judgment and Remand for Further Proceedings was filed in this court by both plaintiff and defendants. Thereafter, no brief was filed by plaintiff/appellee.
A ruling on the motion was referred to the merits of the case. Considering, inter alia, that the medical evidence presented was insufficient under La.R.S. 23:1316.1(C) to prove plaintiffs entitlement to a default judgment, we now grant the motion and vacate the default judgment rendered in the trial court and remand for further proceedings.
Costs of this appeal are assessed one-half to plaintiff and one-half to defendants.