Fluor Enterprises, Inc. v. Darrell Lawshe

Court of Civil Appeals of Alabama

County | 16 So. 3d 96 | Feb. 6, 2009


Plaintiff's Doctor Ordered as Authorized Treating Physician

The case revolves around Darrell Lawshe, who was employed by Flour Enterprises, Inc., and suffered from a back injury while doing work in November 2006. Lawshe sought workers' compensation benefits for the injury, which Flour disputed, denying its compensability. After the denial of his claim, Lawshe saw several doctors, eventually retaining Dr. Robert Zarzour as his treating physician.

In 2009, the court found that Lawshe's injury was compensable, and it mandated Fluor to provide medical benefits, including coverage of treatments from Dr. Zarzour. Fluor appealed this judgment, arguing that they had the right to select the worker's treating physician, a right they believed was usurped by the trial court's decision. They also argued the judgment seemed to obligate them to cover all treatments from Dr. Zarzour, regardless of whether they were necessary or related to Lawshe's workplace injury.

The appellate court ruled against Fluor's claims, concluding that Lawshe was allowed to continue treatment with Dr. Zarzour, subject to any objections Fluor might have about the necessity or reasonableness of treatments. However, the court also agreed to Fluor's claim about the general language of the judgment and remanded the case with directions to insert appropriate limiting language.

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