Preview:

NOT DESIGNATED FOR PUBLICATION

DIRK MAISE NO. 02-CA-594
VERSUS FIFTH CIRCUIT
CALEB BRETT USA, INC. COURT OF APPEAL gge DEC 111001
STATE OF LOUISIANA
ON APPEAL FROM THE OFFICE OF WORKERS' COMPENSATION
STATE OF LOUISIANA
NO. 01-00606, DISTRICT "7"
HONORABLE JOHN C. GROUT, JR., JUDGE PRESIDING

DECEMBER 11, 2002
JAMES L. CANNELLA
JUDGE

Panel composed of Judges James L. Cannella,
Susan M. Chehardy and Walter J. Rothschild

DANIEL W. NODURFT 2031 Metairie Road Metairie, Louisiana 70005 COUNSEL FOR APPELLANT DIRK MAISE
RICHARD EASON 4500 One Shell Square New Orleans, Louisiana 70130 COUNSEL FOR APPELLEE CALEB BRETT USA, INC.
AFFIRMED.
In this worker's compensation case, Claimant, Dirk Maise, appeals from the trial court judgment in favor of counsel for the Employer, Caleb Brett USA, Inc., awarding him "attorney's fee[s] of five-hundred ($500.00) for being required to attend and defend discovery requests filed by Claimant's counsel." For the reasons which follow, we affirm.
The record is limited. However, from the defense brief, it appears that this
action arose out of a work-related accident suffered by the Claimant on December 4, 1997. Issues concerning the accident, whether it was work-related and whether the injuries resulted from the accident were resolved. The Employer eventually paid the appropriate worker's compensation, medical bills for two surgeries and expenses related thereto. On January 22, 2001, the Claimant filed a new claim in which he alleged a dispute over outstanding medical bills and attorney's fees. Thereafter, the parties filed cross discovery requests, which led to cross motions to compel and cross motions for contempt.' All matters were eventually set for hearing on November 16, 2001. Following the hearing, the worker's compensation
judge issued a judgment which provided, in pertinent part, as follows:
* It appears from the record that both parties made discovery requests, starting with the Employer's request ofthe Claimant, which they both felt were not timely and/or adequately answered. They both provided argument concerning their responses.
-2

Download 0B26A8A5-D0E2-45CC-9503-5450FE225511.pdf

Louisiana Law