Banks v. Springfield Park Care Center

PHILLIP R. GARRISON, Chief Judge.

In this worker’s compensation case, Springfield Park Care Center (“Employer”) appeals the decision of the Labor and Industrial Relations Commission (the “Commission”) to award Deborah A. Banks (“Employee”) certain medical expenses associated with surgery for a lumbar fusion. The issue is whether Employer or Employee should be responsible for the expense of medical and surgical treatment performed by Dr. Jeffries, an orthopedic surgeon.

The parties agree that Employee, a licensed practical nurse, sustained a low back injury while lifting a patient at Employer’s…