¶ 27. (dissenting). Spencer v. DILHR, 55 Wis. 2d 525, 531-532, 200 N.W.2d 611, 614-615 (1972), held that when a worker with a work-related injury accepts treatment for that injury in good faith, the employer is responsible for the costs of the treatment as well as any aggravation to the injury that results in either a higher level or longer period of disability even though in retrospect that treatment was neither reasonable nor necessary. Spencer applies, however, only where the treatment was "for an undisputed compen-sable" work-related injury. City of Wauwatosa v. LIRC, 110 Wis. 2d 298, 301, 328 N.W.2d 882, 884 (Ct. App. 1982). Here, Hothnaners Restaurants, Inc., conceded only part of Dawn Marie Stanislowski's claim that she suffered a work-related injury — that is, her injuries that antedated February 4,1995. Contrary to what the majority says, Hothnaners Restaurants did and does dispute that Stanislowski had any work-related injury after that date. Thus, although Spencer would apply to make Hothnaners Restaurants liable for the expense and consequences of treatment undertaken in good faith for the pre-February injury even though the treatment might have been neither reasonable nor necessary, that is not the issue here because Hothnaners Restaurants does not assert that Stanis-lowski's pre-February 4, 1995, treatment was either unreasonable or unnecessary. It does argue, however, that it is not responsible for the expense or consequences of unnecessary and unreasonable treatment dated to any post-February 4 work-related injury *253because Hothnaners disputes that Stanislowski has any post-February 4 work-related injury. I agree, and, accordingly, respectfully dissent.
¶ 28. The administrative law judge in this case found that Stanislowski did not have any work-related injury after February 4, 1995. ("I find [Stanislowski] reached a healing plateau as of February 4, 1995 (exclusive) and is not entitled to further compensation or medical treatment thereafter." Crediting medical opinions of Dr. Robert McCabe and Dr. William Dzwierzynski.). The Labor and Industry Review Commission reversed. In the crux of its decision, the Commission wrote:
In consultation with the commission, the administrative law judge indicated that he did not find the applicant to have been a credible witness. He reiterated his findings that the videotape evidence, as well as the lack of objective findings in the x-ray, CT scan, and EMG results, led him to accept the medical opinions of Mr. McCabe and Dr. Dzwierzynski. The commission was also persuaded that the applicant has been over-diagnosed and over-treated for her right elbow problem; however, even Dr. McCabe acknowledged that [Stanislowski] originally sustained a right epicondylitis, and that she may have had a Stage I reflex sympathetic dystrophy.
(Emphasis added.) The Commission further found that Stanislowski received her treatment in good faith and that:
[Stanislowski] believes herself to be permanently disabled, when in fact Dr. McCabe credibly opined that her epicondylitis and reflex sympathetic dystrophy have resolved without any permanency. In accordance with Spencer v. ILHR *254Department, 55 Wis. 2d 525, 532, 200 N.W.2d 611 (1972), the medical treatment she received and temporary disability she incurred up to Dr. Bogunovic's assessment of a healing plateau on March 26,1996, is compensable regardless of its reasonableness or necessity.
¶ 29. In my view, what the commission has done, and what the majority has sanctioned, is to apply Spencer not to situations to which City of Wauwatosa recognized Spencer was limited — namely, to cases involving treatment for "an undisputed compensable" work-related injury — but, rather, to resolve a dispute as to whether there was, in fact, a work-related injury. I would reverse.