Rogers v. Department of Labor & Industries

¶1 Following an on-the-job injury, Lisa Rogers requested that the Department of Labor and Indus*176tries (Department) authorize payment for spinal fusion surgery. The Department denied this request, concluding that the surgery was unlikely to be successful. Rogers did not challenge the Department’s determination but, instead, proceeded with the surgery without authorization. The surgery was unsuccessful. Rogers nonetheless sought reimbursement from the Department, contending that the surgery constituted “proper and necessary” medical care under the Industrial Insurance Act.1 The Department denied…