July 01st, 2017

​Louisiana Supreme Court Opinions
Burgess v. Sewerage & Water Bd. of New Orleans

Docket: 2016-C-2267
Opinion Date: June 29, 2017
Judge: Bernette J. Johnson
Areas of Law: Labor & Employment Law, Health Law

In a 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 was whether the injured employee was entitled to his choice of pharmacy, or whether that right belonged to the employer under the Louisiana Workers Compensation Act (“LWCA”). The Louisiana Supreme Court granted review of this matter to resolve a split in the circuit courts of appeal on this issue. After review, the Supreme Court held the choice of pharmacy in a workers’ compensation case belongs to the employer.