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

> Supreme Court of Louisiana · September 22, 2017 · 228 So. 3d 1205

URL: https://www.frixlaw.com/law-library/cases/9878563

## Case

- **Full name:** John W. SMITH v. HIGHLINES CONSTRUCTION CO., INC., and the Gray Insurance Company
- **Court:** Supreme Court of Louisiana
- **Decided:** September 22, 2017
- **Citations:** 228 So. 3d 1205; 2017 WL 4231208
- **Precedential status:** Published
- **Opinion:** Concurrence by Genovese
- **Judges:** Genovese, Weimer
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9878563

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9878563. Public record. Not legal advice.