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

Summary

The Supreme Court of Louisiana vacated the Court of Appeal’s finding that the claimant was not entitled to reimbursement and remanded the case to the Office of Workers’ Compensation to determine whether out‑of‑state pharmacy services are unavailable in Louisiana or can be provided at comparable cost, affirming the appellate judgment in all other respects. The decision rests on the Court’s interpretation of La. R.S. 23:1203(A) as articulated in Burgess. A dissent by Justice Weimer would have issued a full opinion, and Justice Genovese concurred with the limited remand while reiterating his view that pharmacy choice does not necessarily rest with the employer.