In a decision dated June 26th, 2019, the Louisiana Supreme Court ruled that a Wal-Mart employee’s motion to compel was premature, because she had not established that “she has not been furnished proper medical attention or that there have been delays or deficiencies in filling prescriptions.” The Louisiana Supreme Court vacated the decision of the court of appeal.
Another recent Louisiana Supreme Court case involving workers’ compensation has the industry buzzing – Paula Clavier v. Coburn Supply Company. The case, decided in favor of the employer, was overshadowed by the Burgess choice of pharmacy ruling, (issued the same day last month) but advocates for injured workers say that Clavier could have even wider implications.
The Louisiana Supreme Court issued a landmark decision last week granting employers choice of pharmacy, resolving a split in circuit courts up to this point.
The recent Lafayette Bone & Joint Clinic v. LUBA case decided by the Louisiana Supreme Court sought to settle questions regarding employer choice of pharmacy (about which courts have differed). In the following guest post, Jeffrey Napolitano, attorney with Juge, Napolitano, Guilbeau, Ruli & Frieman representing LUBA in this case, explains the matter and implications for carriers moving forward.