Rebel Distributors Corp., Inc. (Ulysse Shelvin) v. Luba Worker's Comp.

STATE OF LOUISIANA
COURT OF APPEAL, THIRD CIRCUIT

12-916 consolidated with 12-909, 12-910, 12-911, 12-912, 12-913, 12-914,
12-915, 12-917, 12-918, 12-919, 12-920, 12-921, 12-922, 12-923, 12-924,
12-925, 12-926, and 12-927

REBEL DISTRIBUTORS CORP., INC. d/b/a PHYSICIAN PARTNER AND
PHARMACY PARTNER (ULYSSE SHELVIN)

VERSUS

LUBA ET AL.

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APPEAL FROM THE
OFFICE OF WORKERS’ COMPENSATION - DISTRICT 04
PARISH OF LAFAYETTE, NO. 10-09601
SHARON MORROW, WORKERS’ COMPENSATION JUDGE

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JIMMIE C. PETERS
JUDGE

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Court composed of Ulysses Gene Thibodeaux, Chief Judge, Jimmie C. Peters, and
Marc T. Amy, Judges.

AFFIRMED.

THIBODEAUX, Chief Judge, dissents in part and assigns written reasons,
with the exceptions of No. 12-923 and No. 12-924.

Harry K. Burdette
The Glenn Armentor Law Corporation
300 Stewart Street
Lafayette, LA 70501
(337) 233-1471
COUNSEL FOR PLAINTIFF/APPELLANT:
Rebel Distributors Corporation, Inc. d/b/a
Physician Partner and Pharmacy Partner

W. Michael Adams
Stacey D. Williams
Blanchard, Walker, O’Quinn & Roberts
P. O. Drawer 1126
Shreveport, LA 71163-1126
(318) 221-6858
COUNSEL FOR PLAINTIFF/APPELLANT:
Rebel Distributors Corporation, Inc. d/b/a
Physician Partner and Pharmacy Partner

Jeffrey C. Napolitano
Juge, Napolitano, Guilbeau, Ruli & Frieman
3320 West Esplanade Avenue North
Metairie, LA 70002
(504) 831-7270
COUNSEL FOR DEFENDANTS/APPELLEES:
LUBA Casualty Insurance Company
Prejean’s Wholesale Meats, Inc.

PETERS, J.

For the reasons assigned in Rebel Distributors, Inc. v. LUBA Workers’

Compensation, 12-909 (La.App. 3 Cir. / /14), So.3d , we affirm the

judgment of the workers’ compensation judge in all respects. We assess costs of

this appeal equally between the plaintiff, Rebel Distributors Corp., Inc. d/b/a

Physician Partner and Pharmacy Partner, and the defendants, LUBA Casualty

Insurance Company and Prejean’s Wholesale Meats, Inc.

AFFIRMED.

STATE OF LOUISIANA
COURT OF APPEAL, THIRD CIRCUIT

12-909 consolidated with 12-910, 12-911, 12-912, 12-913, 12-914, 12-915,
12-916, 12-917, 12-918, 12-919, 12-920, 12-921, 12-922,
12-925, 12-926, and 12-927

REBEL DISTRIBUTORS CORP., INC. d/b/a PHYSICIAN PARTNER AND
PHARMACY PARTNER (MARY DOUCET)

VERSUS

LUBA WORKERS’ COMP., ET AL.

THIBODEAUX, Chief Judge, dissenting in part.

The majority affirms the judgment of the Office of Workers’

Compensation limiting the payment of the outstanding pharmacy bill to $750.00

pursuant to La.R.S. 23:1142. In my view, that is erroneous.

Louisiana Revised Statutes 23:1142(B)(1) and (B)(2)(a) repeatedly

refer to “diagnostic testing” and “treatment.” It does not, as the majority opinion

concedes, include prescription medication as part of nonemergency diagnostic

testing or treatment. The diagnostic testing and treatment are the only matters that

are subject to the $750.00 cap, not medication.

The more specific provisions of Part II of Chapter 10 entitled

“Benefits” should properly apply. Louisiana Revised Statutes 23:1203(A)(B)(D)

and (E) all specifically refer to “drugs,” “supplies,” or “services.” The majority, in

my view, is interpreting La.R.S. 23:1203 much too restrictively and focuses undue

attention on references to “employer” and “employee.”

For the foregoing reasons, I respectfully dissent in part.