Dr. Fayez K. Shamieh (Rudolph Jackson) v. Liquid Transport Corp.

STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT 07-1159

DR. FAYEZ K. SHAMIEH (RUDOLPH JACKSON) VERSUS LIQUID TRANSPORT CORP., ET AL.

********** APPEAL FROM THE OFFICE OF WORKERS' COMPENSATION - # 3 PARISH OF CALCASIEU, NO. 05-04552 AARON FRANK MCGEE, WORKERS COMPENSATION JUDGE ********** ELIZABETH A. PICKETT JUDGE ********** Court composed of Glenn B. Gremillion, Elizabeth A. Pickett, and J. David Painter, Judges.

ANNULLED AND SET ASIDE; REMANDED.

Thomas Allen Filo Cox, Cox, & Filo Broad Street Lake Charles, LA 70601 Counsel for Secondary Plaintiff/Appellant: Dr. Fayez K. Shamieh Henry Clay Ward III Attorney at Law 1111 Ryan St. Lake Charles, LA 70601 Counsel for Defendant/Appellant: Liquid Transport Corp. and Great West Casualty Company Perry R. Staub Jr. Mark VanHorn Larry E. Demmons Taggart, Morton, Ogden, Staub & O’Brien, L.L.C. Counsel for Intervenor: CCN Managed Care, Inc. Judy Y. Barrasso Stephen L. Miles Edward R. Wicker Jr. Barrasso, Usdin, Kupperman Poydras St., Suite #2400 New Orleans, LA 70112 Counsel for Other—Amicus for CCN : Liberty Mutual Insurance Co. Helmsman Management Services Co. Employers Insurance of Wausau PICKETT, Judge.

Both appeals before this court, 07-1159 and 07-1282, come from the same proceedings, 05-4552, in the Office of Workers’ Compensation (OWC). In appeal 07-1159, the defendants, Liquid Transport Corporation and Great West Casualty Company, appeal a judgment from the OWC ordering the defendants to pay the plaintiff, Dr. Fayez Shamieh, $122.50 in under-payment on a medical bill for the plaintiff’s treatment of Rudolph Jackson, a workers’ compensation claimant. The OWC also awarded Dr. Shamieh $4,000.00 in penalties ($2,000.00 for under-payment and $2,000.00 for late payment) and $3,950.00 in attorney’s fees. The plaintiff, Dr. Shamieh, also appeals seeking additional attorney’s for the work necessitated by this appeal. In appeal 07-1282, Community Care Network, Inc. (CCN), appeals a judgement of the WCJ denying its petition to intervene. For the reasons assigned in appeal number 07-1282, we reverse the judgment of the Workers’ Compensation Judge (WCJ) rendered June 6, 2007 denying CCN’s motion to intervene, nullify the judgment signed July 25, 2007 (in appeal 07-1159), and remand the case for additional proceedings consistent with this opinion. We defer consideration of the plaintiff’s request for additional attorney’s fees.

ANNULLED AND SET ASIDE; REMANDED.