Simmons v. Cornerstone Investments, LLC

Plaintiff Kerry Simmons worked for Cintas Corporation No. 2, (“Cintas”), at its warehouse in Pineville, Louisiana. Plaintiff was working in the course and scope of his employment when he was injured while attempting to close a roll-up rear bay door that had become jammed. Plaintiff received workers’ compensation benefits from Cintas, including disability and medical expenses. The medical bills charged by Plaintiff’s healthcare providers totaled $24,435; this amount was reduced to $18,435 in accordance with the Louisiana Workers’ Compensation Act Medical Reimbursement Schedule. Thus, there is a “written off” amount of $6,000 at issue. Specifically, the issue this case presented for the Louisiana Supreme Court's review was whether, in a tort case against a third party tortfeasor, the lower courts erred in prohibiting a plaintiff from introducing the full amount of medical expenses billed and allowing only evidence of the amount actually paid by the employer through workers’ compensation. The Court granted certiorari to determine the applicability of the collateral source rule to the facts of this case, and concluded the amount of medical expenses charged above the amount actually incurred was not a collateral source and its exclusion from the purview of the jury was proper. View "Simmons v. Cornerstone Investments, LLC" on Justia Law