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MEDICAL TREATMENT - WAIVER OF RIGHT TO CONTROL

In Banks v Springfield Park Care Center, 981 S.W.2d 161 (Mo.App. S.D. 1998), the Court of Appeals, Southern District, held that a worker could recover medical benefits for treatment by a doctor she initially went to without notice to her employer, because claimant informed her employer that further treatment was recommended and gave the employer the opportunity to provide that treatment. Employer, by refusing to authorize any further treatment upon receipt of this notice, was deemed to have waived the right to direct the treatment, thus justifying claimant’s seeking treatment on her own.

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