Karla Burgess v. Steven E. Ward and Progressive Insurance, Geico Insurance Company, Sally Gordon. and USAA Insurance ( 2023 )

STATE OF LOUISl'ANA
COURT OF APPEAL, FIRST CIRCUIT
KARLA BURGESS NO. 2022 CW 1381
VERSUS
STEVEN E. WARD AND
PROGRESSIVE INSURANCE, GEICO
INSURANCE COMPANY, SALLY MARCH 24, 2023
GORDON, AND USAA INSURANCE
In Re: United Services Automobile Association and Sally
Gordon, applying for supervis9ry writs, 19th Judicial
District Court, Parish of East Baton Rouge, No.
683067.
BEFORE: McCLENDON, PENZATO, AND LANIER, JJ.
WRIT GRANTED WITH ORDER. The portion of the November 22,
2022 judgment of the trial court ordering defendants, United
Services Automobile Association and Sally Gordon, to accept the
authorization and disclosure and use forms submitted by
plaintiff, Karla Burgess, as edited or provide authorization and
disclosure and use forms that are prepared specifically for
additional medical examination purposes only, and not for
treatment purposes, and that limits the authorization and
disclosure and use to purposes appropriate for an additional
medical examination, is reversed. Once the court finds that the
party seeking an additional medical examination has established
good cause for same, the court should presume that the
examination will be conducted in a reasonable manner. If the
opposing party seeks to have restrictions placed on said
examination, the burden shifts to that party to establish
special circumstances justifying the imposition of said
restrictions. In meeting this burden, one may not rely on mere
allegations or speculation, but should produce competent
evidence establishing the need for the restrictions and the harm
which could result without same. We find that plaintiff failed
to produce competent evidence establishing a need for
restrictions on her completion of the forms required for the
additional medical examination and what harm might result if
such restrictions were not imposed. See Augustine v. Safeco
Insurance Company of Oregon, 2021-01753 (La. 10/21/22), 351
So. 3d 353. Accordingly, we order plaintiff to complete Dr.
Robert's forms as provided, without any edits, changes, or
additions.
PMc
AHP
WIL
COURT OF APPEAL, FIRST CIRCUIT
o\.C J)
DEPUTY CLERK OF COURT
FOR THE COURT