In the case of Roydall Lumar versus Central Transport, LLC and Cherokee Insurance Company, filed in the First Circuit Court of Appeal in Louisiana under case ID 2023 CA 0980, a final judgment was rendered on April 26, 2005. The lawsuit pertains to a workers' compensation claim made by Roydall Lumar against his employer Central Transport, LLC and their insurer Cherokee Insurance Company.
On March 20, 2020, Roydall Lumar sustained injuries to his right arm, shoulders, and cervical spine while working as a delivery driver for Central Transport. The company paid for Lumar's medical care and indemnity benefits until August 12, 2021. After being released for light duty work by his orthopedists, Central Transport offered him a light-duty job at his pre-accident wage but suspended his indemnity benefits when he refused the position.
Lumar subsequently filed a disputed claim for compensation alleging that Central Transport improperly terminated his indemnity benefits and denied him his choice of "orthopedist/neurosurgeon". A trial took place on January 9, 2023 with Lumar representing himself. The court found that Lumar was injured during the course of his employment and required medical care from orthopedists and pain management specialists.
The plaintiff is seeking judgment for temporary total disability benefits amounting to $86.89 for one day's worth of disability due to injury sustained during employment. He is also seeking recognition of his right to choose an orthopedic physician. However, he has been denied additional indemnity benefits under La. R.S., 23:1221 as well as penalties or attorney’s fees under La. R.S., 23:1201(F).