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

228 So. 3d 1205, 2017 WL 4231208

Opinions

ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, SECOND CIRCUIT, OFFICE OF WORKERS’ COMPENSATION DISTRICT IE

PER CURIAM

hln light of our opinion in Burgess v. Sewerage & Water Board of New Orleans, 16-2267 (La. 6/29/17), 225 So.3d 1020, 2017 WL 2836062, the judgment of the court of appeal is vacated and set aside insofar as it finds claimant was not entitled to reim bursement. The case is remanded to the Office of Workers’ Compensation for a determination, consistent with the interpretation of La. R.S. 23:1203(A) set forth in Burgess, of whether the out-of-state pharmacy’s 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, the judgment of the court of appeal is affirmed.