Opinion
NO. 2017 CW 1683
05-01-2018
JARVIS RUFFINS v. LCTA WORKERS' COMPENSATION & VARUSO VENTURES, LLC
In Re: Varuso Ventures, LLC and LCTA Casualty Insurance Co., applying for supervisory writs, Office of Workers' Compensation, District 06, No. 17-05601. BEFORE: McCLENDON, WELCH AND THERIOT, JJ.
WRIT GRANTED. In the instant case, the Office of Workers' Compensation court in its hearing on November 3, 2017, never addressed the exception of prematurity filed by defendant-employer Varuso Ventures, LLC, and its insurer, LCTA Casualty Company, regarding claimant-employee Jarvis Ruffins's failure to file a LWC WC 1009 form. La. R.S. 23:1203.1(J)(1), Louisiana Administrative Code 40:I:2715(B)(3)(e); See Bridges v. New Orleans Trucking and Rental Depot, Inc., 2013-0769 (La. App. 1st Cir. 12/27/13), 134 So.3d 633, 634-35. We hereby vacate the Office of Workers' Compensation court's ruling on Mr. Ruffins' motion for an expedited hearing to compel his employer to authorize his choice of physician, and the court's award of attorney fees to Ms. Laurie Mascheck. The matter is remanded with an order for the Office of Workers' Compensation to issue a ruling on Varuso and LCTA's exception of prematurity based on Mr. Ruffins' failure to file a LWC WC 1009 form.
MRT
PMc
JEW
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT