Supreme Court of Louisiana, 1980

Johnson v. Continental Insurance Companies

Johnson v. Continental Insurance Companies
Supreme Court of Louisiana · Decided December 5, 1980 · Marcus
391 So. 2d 835; 1980 La. LEXIS 9454 (Southern Reporter, Second Series)

Johnson v. Continental Insurance Companies

Opinion of the Court

In Re: Joseph Johnson, Jr., applying for remedial writs and stay order, Parish of Terrebonne, Number 58,890.

WRIT GRANTED. TRIAL COURT ORDER VACATED. The order of the district court directing plaintiff/relator to submit to a physical examination by a different physician from the one who examined him on January 30, 1980 is vacated. La.R.S. 23:1121 requires an injured employee to submit to an examination by a physician provided by employer “as often as may be reasonably necessary and at reasonable hours and places.” Defendants’ motion for a physical examination fails to allege facts showing the need for an examination or the necessity of another physician’s opinion on this matter.

Dissenting Opinion

MARCUS, J.,

dissents, being of the opinion that there is an insufficient showing to say that the trial judge abused his discretion.

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