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Matter of Peasley v. Wendling Iron Works

Appellate Division of the Supreme Court of New York, Third Department
May 10, 1950
277 App. Div. 821 (N.Y. App. Div. 1950)

Opinion

May 10, 1950.

Appeal from Workmen's Compensation Board.

Present — Foster, P.J., Heffernan, Brewster, Bergan and Coon, JJ. [See ante, p. 622; post, p. 953.]


Appellants' only contention is that the board's decision to the effect that claimant's refusal to submit to a surgical operation designed to relieve his disability is not unreasonable, is erroneous as a matter of law. The question involved is essentially one of fact. The medical proofs that claimant's refusal to submit to the operation is unreasonable is opinion evidence. However, the nature of claimant's affliction, its history and the kind and character of the requested operation is such that we may not say the board's decision is without evidence to sustain it. Decisions and awards unanimously affirmed, with costs to the Workmen's Compensation Board.


Summaries of

Matter of Peasley v. Wendling Iron Works

Appellate Division of the Supreme Court of New York, Third Department
May 10, 1950
277 App. Div. 821 (N.Y. App. Div. 1950)
Case details for

Matter of Peasley v. Wendling Iron Works

Case Details

Full title:In the Matter of the Claim of ELI K. PEASLEY, Respondent, against WENDLING…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: May 10, 1950

Citations

277 App. Div. 821 (N.Y. App. Div. 1950)

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