MATTER OF CARR v. DUNN & McCARTHY


1 A.D.2d 717 (1955)

In the Matter of the Claim of Tracy Carr, Respondent, v. Dunn & McCarthy et al., Appellants. Workmen's Compensation Board, Respondent

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

December 23, 1955


On April 16, 1949, claimant's physician discovered a small right inguinal hernia and discussed surgery, but claimant did not want it then and the physician did not urge it because of the presence of heart disease. In September, 1952, after many years of work for the employer, claimant retired. On August 8, 1953, the physician found the hernia symptoms enlarged to a point where he recommended surgery without further delay. The board has found that constant rubbing against...

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