Legal Opinion · Dissent

Soileau v. Wal-Mart Stores, Inc.

Louisiana Court of Appeal

Decided December 6, 2018No. 18-284Published

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

  1. Darvel Burgess v. Sewerage & Water Board of New OrleansSupreme Court of Louisiana · 2017
  2. Fru-Con Construction Corp. v. MooreLouisiana Court of Appeal · 2011

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