MATTER OF PEASLEY v. WENDLING IRON WORKS


277 A.D. 622 (1951)

In the Matter of the Claim of Eli K. Peasley, Respondent, v. Wendling Iron Works et al., Appellants. Workmen's Compensation Board, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

January 10, 1951.


Attorney(s) appearing for the Case

McDevitt & Stricker for appellants.

Nathaniel L. Goldstein, Attorney-General (Roy Wiedersum and Daniel Polansky of counsel), for the Workmen's Compensation Board, respondent.

Harold J. Hinman for Lumber Mutual Casualty Insurance Co., appellant.

BERGAN and DEYO, JJ., concur.


FOSTER, P. J.

A reargument has been allowed in this case. The appeal was from an award for reduced earnings made to claimant by the Workmen's Compensation Board. The point at issue was whether claimant's refusal to undergo an operation for the removal of his left testicle was unreasonable. The board held that his refusal was not unreasonable and this court affirmed the award based on this finding.

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