Legal Opinion

Darvel Burgess v. Sewerage & Water Board of New Orleans

Supreme Court of Louisiana

Decided June 29, 2017No. 2016-C-2267PublishedCited by 12 opinions

1Opinion of the CourtJohnson, Chief Justice

| fin this workers’ compensation case, the claimant, Darvel Burgess, filed a Disputed Claim for Compensation after his employer, Sewerage & Water Board of New Orleans (“S & WB”), refused to pay a $13,110.02 outstanding bill for prescription medications from Injured Workers Pharmacy (“IWP”). The underlying legal issue is whether the injured employee is entitled to his choice of pharmacy, or whether that right belongs to the employer under the Louisiana Workers Compensation Act (“LWCA”). We granted this writ application to resolve a split in our circuit courts of appeal on this issue. After…

2Cases cited15 opinions

  1. Boudreaux v. STATE, DOTDSupreme Court of Louisiana · 2002
  2. Sigler v. RandLouisiana Court of Appeal · 2004
  3. Catahoula Parish School Board v. Louisiana Machinery Rentals, LLCSupreme Court of Louisiana · 2013
  4. Lafayette Bone & Joint Clinic (Charles Morris) v. Louisiana United Business SifSupreme Court of Louisiana · 2016
  5. Louisiana Clinic v. Patin's Tire ServiceLouisiana Court of Appeal · 1999

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3Cited by12 opinions

  1. Arona T. Walker and Arona T. Walker on Behalf of Leona C. Walker v. Kate Brown, M.D. and Her Insurance D.E.F. Insurance and Louisiana State University School of Medicine in New Orleans, Faculty Group Practice, A/K/A Lsu Health Healthcare Network and Its Insurance, X.Y.Z. InsuranceLouisiana Court of Appeal · 2025
  2. Carlos A. Juarez Versus Aj Lazo Construction, LLC, and Louisiana Construction and Industry Self Insurer's Fund (Lci)Louisiana Court of Appeal · 2023
  3. Elizabeth Soileau v. Wal-Mart Stores, Inc.Louisiana Court of Appeal · 2018
  4. Elizabeth Soileau v. Wal-Mart Stores, Inc.Supreme Court of Louisiana · 2019
  5. John W. Smith v. Highlines Construction Co., Inc., and the Gray Insurance CompanySupreme Court of Louisiana · 2017

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