DAUGHERTY v. INDUS. CONTRACTING & ERECTING

No. 93S02-0209-EX-501.

802 N.E.2d 912 (2004)

Barry DAUGHERTY, Appellant (Plaintiff below), v. INDUSTRIAL CONTRACTING & ERECTING, Appellee (Defendant below).

Supreme Court of Indiana.

February 5, 2004.


Attorney(s) appearing for the Case

Michael Rader, Terre Haute, IN, Attorney for Appellant.

William R. Groth, Fillenwarth Dennerline Groth & Towe, Mark T. Robbins, Indianapolis, IN, Attorneys for Amicus Curiae Indiana State AFL-CIO.

Craig R. Van Schouwen, Randall J. Zromkoski, Thomas F. Macke, David L. Hollenbeck, Bradley L. Banks, Valparaiso, IN, Attorneys for Amicus Curiae Indiana Trial Lawyers Association.

Kathryn A. Moll, Nation Schoening Moll, Fortville, IN, Attorney for Appellee.


RUCKER, Justice.

Case Summary

An employee injured on the job underwent knee replacement surgery without prior approval from his employer. Although the Worker's Compensation Board found the surgery reasonable and appropriate it declined to award the employee the cost of the surgery or any sum for prospective care and treatment because the surgery was not authorized either by the employer or the Board. We conclude...

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