Opinion

John W. Smith v. Highlines Construction Co., Inc., and the Gray Insurance Company

  • 228 So. 3d 1205
  • 2017 WL 4231208
Court
Supreme Court of Louisiana
Filed
Sep 22, 2017
Status
Published
Author
Genovese
On the bench
Genovese, Weimer
Cited by
0 cases
Authority
More cited than 13.5%

The opinion

GENOVESE; J.,

concurs in the result and assigns reasons.

hi concur with the majority’s remand only to the extent of having the Office of Worker’s Compensation determine whether the out-of-state pharmacy services were not available in Louisiana or whether the out-of-state pharmacy can provide services for comparable costs to those of a Louisiana pharmacy. In all other respects, and particularly with respect to the issue of choice of pharmacy in a worker’s compensation case, I maintain the position which I previously articulated in my dissent in Burgess v. Sewerage & Water Board of New Orleans, 16-2267 (La. 6/29/17), 225 So.3d 1020 , 2017 WL 2836062 , that the choice of pharmacy does not necessarily rest with the employer.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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