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Bolton v. Grant Parish School Board

3/2/1999

ON REHEARING


PER CURIAM*


The application for rehearing is granted in part. The workers' compensation judge dismissed plaintiff's claim for total temporary disability and supplemental earnings benefits, and for specific medical expenses. The court of appeal reversed and awarded benefits for temporary total disability, but did not rule specifically on medical expenses. 97-1161 (La. App. 3d Cir. 3/6/98), 709 So. 2d 979. On certiorari, this court amended the judgment of the court of appeal to award supplemental earnings benefits, rather than benefits for total temporary disability, and remanded to the Office of Workers' Compensation to fix the amount of benefits, as well as the amount of penalties and attorney's fees.


Plaintiff applied for a rehearing, requesting a declaration of entitlement to medical expenses for sacroiliac surgery and for future psychological treatment, which had been denied by the workers' compensation judge, and for other necessary medical treatment. It appears that the workers' compensation judge should rule on this request. We did not grant certiorari on that issue (not addressed by the court of appeal), and we express no view on the issue.


Accordingly, the workers' compensation judge is instructed, on remand, to reconsider, in the light of subsequent rulings in this case by the court of appeal and by this court, his prior rulings on medical expenses for sacroiliac surgery and for future psychological treatment, and to consider the claim for necessary treatment attendant to the disability found by this court. In all other respects, the application is denied.






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