STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT ALEJANDRO GARCIA NO. 2019 CW 0439 VERSUS

CROTHALL INDUSTRIES, INC. SEP 0 3 2019

In Re: Alejandro Garcia, applying for supervisory writs, Office of Workers' Compensation, District 6, No. 1808332.

BEFORE: WELCH, CRAIN, HOLDRIDGE, CHUTZ, AND LANIER, JJ.

WRIT GRANTED. Louisiana Revised Statute 23: 1121( B)( 1) provides that, "[ t] he employee shall have the right to select one treating physician in any field or specialty, [ and] . . . a] fter his initial choice the employee shall obtain prior consent from the employer or his workers' compensation carrier for a change of treating physician within that same field or Beyond making the determination whether the specialty." employee can select a new treating physician, La. R. S. 23: 1121 does not afford a hearing officer the ability to place any limitations on which particular physician an employee may, or

may not, select. Accordingly, the March 7, 2019 judgment is vacated in part, removing any restrictions on relator, Alejandro Garcia' s, choice of a new treating physician.

JEW WRC WIL

Crain and Holdridge, JJ., dissent and would deny the writ.

COURT OF APPEAL, FIRST CIRCUIT

kO- DEdUty CLERK OF COUR FOR THE COURT