The Louisiana Supreme Court has held that the employer has the right to choose the pharmacy which an injured worker must use for medication in a worker’s compensation claim.
“La. R.S. 23:1203(A) provides that “the employer shall furnish [**15] all necessary drugs.” Nowhere in the statute does the legislature provide the employee with the right to choose a pharmaceutical provider from which to obtain the necessary prescription drugs. By contrast, the legislature has specifically delegated to the employee the choice of physician in La. R.S. 23:1121(B)(1), which provides “the employee shall have the right to select [*1027] one treating physician in any field or specialty.” (Emphasis added). Had the legislature intended the employee to have the choice of pharmaceutical provider in La. R.S. 23:1203(A), the legislature could have easily provided for that choiceas it provided for the choice of physician in La. R.S. 23:1121. Moreover, the statutory entitlement in La. R.S. 23:1121(B)(1) to choose a physician cannot be read broadly to include an entitlement to choose a pharmacy. Notably, the legislature utilized the very specific term “physician,” rather than the more expansive term “health care provider” which is defined in the LWCA to include pharmacies.”
Burgess v. Sewerage & Water Bd., 225 So. 3d 1020, 1026-1027, 2017 La. LEXIS 1387, *14-15, 2016-2267 (La. 06/29/17);, 2017 WL 2836062