WCA-0012-0923 Nonprecedential Reversed and rendered Processed

Rebel Distributors Corp., Inc. (Shirley Prejean) v. Luba Worker's Comp.

Louisiana Court of Appeal, Third Circuit · Filed March 6, 2013

Also decided on this docket: La. Ct. App. 3d Cir., April 2, 2014

Opinion text

STATE OF LOUISIANA
COURT OF APPEAL, THIRD CIRCUIT

12-923 consolidated with 12-909, 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, 12-924,
12-925, 12-926, and 12-927

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

VERSUS

LUBA CASUALTY INS. COMPANY ET AL.

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APPEAL FROM THE
OFFICE OF WORKERS’ COMPENSATION - DISTRICT 04
PARISH OF LAFAYETTE, NO. 10-03293
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.

REVERSED AND RENDERED.

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

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
Rosewood Retirement & Assisted Living

PETERS, J.

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

Comp. et al., 12-909 (La.App. 3 Cir. / /13), So.3d , we reverse the judgment

of the workers’ compensation judge and render judgment in favor of Rosewood

Retirement & Assisted Living and LUBA Casualty Insurance Company, granting

their peremptory exception of no right of action and dismissing the claims of Rebel

Distributors Corporation, Inc. d/b/a Physician Partner and Pharmacy Partner. We

assess all costs of this appeal against Rebel Distributors Corporation, Inc. d/b/a

Physician Partner and Pharmacy Partner.

REVERSED AND RENDERED.