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WASHINGTON TP. v. BELTWAY

No. 93S02-1002-EX-115.

921 N.E.2d 825 (2010)

WASHINGTON TOWNSHIP FIRE DEPARTMENT, Appellant (Defendant below), v. BELTWAY SURGERY CENTER, Appellee (Plaintiff below).

Supreme Court of Indiana.

February 24, 2010.

Attorney(s) appearing for the Case

Doris L. Sweetin, Jeb A. Crandall, Brandon G. Milster, Bryan H. Babb, Kellie M. Barr, Indianapolis, IN, Attorneys for Appellant.

Anthony W. Overholt, Maggie L. Smith, Apryle A. Fryer, Indianapolis, IN, Attorneys for Appellee.

Mark D. Gerth, Indianapolis, IN, Attorney for Amici Curiae.

PER CURIAM.

The Court of Appeals held the employer, not the medical provider, has the burden of proving whether the charges for medical services provided to an employee exceed the employer's liability to pay under the Worker's Compensation Act (the "Act"). See Washington Twp. Fire Dep't v. Beltway Surgery Ctr., 911 N.E.2d 590 (Ind.Ct. App.2009), reh'g denied. We agree and adopt the opinion of the Court of Appeals....

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