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.

********** APPEAL FROM THE OFFICE OF WORKERS’ COMPENSATION - DISTRICT 04 PARISH OF LAFAYETTE, NO. 10-04275 SHARON MORROW, WORKERS’ COMPENSATION JUDGE ********** JIMMIE C. PETERS JUDGE ********** 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 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.