JEFFREY KROGH
v.
TRI-STATE REFRIGERATION
No. WCA 11-697
Court of Appeals of Louisiana, Third Circuit
August 3, 2011
APPEAL FROM THE OFFICE OF WORKERS' COMPENSATION, DISTRICT FOUR PARISH OF LAFAYETTE, NO. 10-04395 SHARON MORROW, WORKERS COMPENSATION JUDGE
Kathleen Wigginton Will Briney & Foret, LLC Counsel for Defendant/Appellee: Tri-State Refrigeration
Stephen C. Gaubert Gaubert & Smith Counsel for Plaintiff/Appellant: Jeffrey Krogh
Court composed of Ulysses Gene Thibodeaux, Chief Judge, Billy Howard Ezell, and J. David Painter, Judges.
BILLY HOWARD EZELL JUDGE
Jeffrey Krogh appeals the decision of the workers' compensation judge denying his claims for penalties and attorney fees against Tri-State Refrigeration for failure to approve his choice of a pain management physician. For the following reasons, we affirm the decision of the workers' compensation judge.
On December 2, 2009, Mr. Krogh was working in the course and scope of his employment when he suffered a partial amputation of three of the fingers on his left hand. He had several surgeries to repair the damage between that time and February, 2010. After enduring painful physical therapy, Mr. Krogh was able to recover to the point that his surgeon, Dr. Kenneth Odinet, felt he had reached maximum medical improvement (MMI) and released him to full-duty work on April 1, 2010. Shortly after returning to work, Mr. Krogh began to experience pain in his fingers. Dr. Odinet limited him to light-duty work and recommended additional therapy and pain desensitization on April 14. On April 22, Mr. Krogh sent a demand letter to Tri-State seeking authorization for a pain management physician. This request was initially denied, as it had not been recommended by Dr. Odinet.
1 Mr. Krogh filed the current claim, alleging Tri-State was arbitrary or capricious in denying him his physician of choice and seeking penalties and attorney fees. The workers' compensation judge denied this claim, finding Mr. Krogh to be a believable witness, but finding no evidence of inappropriate behavior on the part of Tri-State. From that decision, Mr. Krogh appeals.
Mr. Krogh asserts one assignment of error on appeal, claiming the workers' compensation judge erred in denying his request for penalties and attorney fees.
Louisiana Revised Statutes 23:1121(B) provides that an employee has a right to select one treating physician in
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