Rebel Distributors Corp., Inc. (Tijuana Hardy) v. Luba Worker's Comp.

STATE OF LOUISIANA
COURT OF APPEAL, THIRD CIRCUIT

12-924 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, 12-923,
12-925, 12-926, and 12-927

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

VERSUS

LUBA CASUALTY INS. COMPANY ET AL.

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APPEAL FROM THE
OFFICE OF WORKERS’ COMPENSATION - DISTRICT 04
PARISH OF LAFAYETTE, NO. 10-04275
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.

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
The Glen Retirement System

PETERS, J.

This matter is one of nineteen consolidated appeals on remand from the

supreme court following its decision in Rebel Distributors, Inc. v. LUBA Workers’

Compensation, 13-749 (La. 10/15/13), __ So.3d __. In its remand to this court, the

supreme court ordered that we consider the remaining issues raised by the parties

which were not resolved by its decision. However, after reviewing the record, we

note that this claim was dismissed by Rebel Distributors Corporation, Inc. d/b/a

Physician Partner and Pharmacy Partner at the start of the trial on the merits.

Because this matter was dismissed, we reverse the judgment of the workers’

compensation judge and render judgment in favor of The Glen Retirement System

and LUBA Casualty Insurance Company. We assess all costs of this appeal to

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

REVERSED AND RENDERED.