Legal Opinion · Dissent

Burgess v. Sewerage & Water Board of New Orleans

Louisiana Court of Appeal

Decided November 23, 2016No. 2015-CA-0918Published

1DissentLobrano, J.

hi respectfully dissent from the majority opinion. I remain unconvinced that Louisiana law affords the employee an unfettered choice of pharmacy in all situations, and further, I do not find that a determination whether the employee is entitled to his choice of pharmacy ends the inquiry of whether payment of the disputed pharmacy expenses is due or in what amount.

La. R.S. 23:1203 provides in pertinent part:

A. In every case coming under this Chapter, .the employer shall furnish all necessary drugs, supplies, hospital care and services, medical and surgical treatment, and any nonmedical…

2Cases cited3 opinions

  1. Lafayette Bone & Joint Clinic (Charles Morris) v. Louisiana United Business SifSupreme Court of Louisiana · 2016
  2. Savoy v. Cecil Perry Imp. Co.Louisiana Court of Appeal · 1997
  3. Injured Workers' Pharmacy Employee-Clenon Naron v. LigaLouisiana Court of Appeal · 2015

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