Soileau v. Wal-Mart Stores, Inc.
Louisiana Court of Appeal
1Dissent
AMY, Judge., dissenting.
I respectfully dissent from the majority opinion as I find that an affirmation is required. Simply, I find that the direct language employed by the supreme court in *693Burgess v. Sewerage & Water Bd. of New Orleans , 16-2267 (La. 6/29/17), 225 So.3d 1020 is controlling. In its consideration of divergent circuit opinions, the supreme court explained that: "[W]e hold the Third and Fifth Circuits have correctly determined the employer has the right to choose the pharmacy to furnish necessary prescription drugs to an injured employee in a workers' compensation case." Id. at…
2Cases cited2 opinions
- Darvel Burgess v. Sewerage & Water Board of New OrleansSupreme Court of Louisiana · 2017
- Fru-Con Construction Corp. v. MooreLouisiana Court of Appeal · 2011