Supreme Court of Louisiana 

FOR IMMEDIATE NEWS RELEASE NEWS RELEASE #046

FROM: CLERK OF SUPREME COURT OF LOUISIANA

The Opinions handed down on the 22nd day of September, 2017, are as follows:

PER CURIAM: 

2016-C-1443 JOHN W. SMITH v. HIGHLINES CONSTRUCTION CO., INC., AND THE GRAY 

INSURANCE COMPANY

In light of our opinion in Burgess v. Sewerage & Water Board of 

New Orleans, 16-2267 (La. 6/29/17), ___ So. 3d ___, the judgment 

of the court of appeal is vacated and set aside insofar as it

finds claimant was not entitled to reimbursement. 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. 

WEIMER, J., dissents and assigns reasons. 

GENOVESE, J., concurs in the result and assigns reasons. 
SUPREME COURT OF LOUISIANA

No. 2016-C-1443

JOHN W. SMITH

VERSUS

HIGHLINES CONSTRUCTION CO., INC., AND 

THE GRAY INSURANCE COMPANY

ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, SECOND

CIRCUIT, OFFICE OF WORKERS’ COMPENSATION DISTRICT 1E

PER CURIAM

In light of our opinion in Burgess v. Sewerage & Water Board of New

Orleans, 16-2267 (La. 6/29/17), ___ So. 3d ___, the judgment of the court of

appeal is vacated and set aside insofar as it finds claimant was not entitled to

reimbursement. 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. 

9/22/17
09/22/17

SUPREME COURT OF LOUISIANA

No. 2016-C-1443

JOHN W. SMITH

VERSUS

HIGHLINES CONSTRUCTION CO., INC., AND

THE GRAY INSURANCE COMPANY

On Writ of Certiorari to the Court of Appeal, Second Circuit,

Office of Workers’ Compensation District 1E

WEIMER, J., dissenting.

Having granted the writ of certiorari in this matter, I would issue a full opinion

based upon the record before this court.
09/22/17

SUPREME COURT OF LOUISIANA

No. 2016-C-1443

JOHN W. SMITH

VERSUS

HIGHLINES CONSTRUCTION CO., INC. AND

THE GRAY INSURANCE COMPANY

ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, SECOND 

CIRCUIT, OFFICE OF WORKERS’ COMPENSATION DISTRICT 1E

GENOVESE, J., concurs in the result and assigns reasons.

I concur with the majority’s remand only to the extent of having the Office of 

Worker’s Compensation determine whether the out-of-state pharmacy 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, and 

particularly with respect to the issue of choice of pharmacy in a worker’s 

compensation case, I maintain the position which I previously articulated in my 

dissent in Burgess v. Sewerage & Water Board of New Orleans, 16-2268 (La.

6/29/17), __ So.3d __, that the choice of pharmacy does not necessarily rest with the 

employer.