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EVANS v. STEARNS-ROGER MANUFACTURING CO.

No. 5737.

253 F.2d 383 (1958)

Winford Leo EVANS, Appellant, v. STEARNS-ROGER MANUFACTURING CO., Employer; and Standard Accident Insurance Co., Insurer, Appellees.

United States Court of Appeals Tenth Circuit.

Rehearing Denied April 2, 1958.

Attorney(s) appearing for the Case

R. F. Deacon Arledge, Albuquerque, N. M. (Charles Driscoll, Albuquerque, N. M., on the brief), for appellant.

A. H. McLeod, Albuquerque, N. M. (W. A. Keleher, Albuquerque, N. M., on the brief), for appellees.

Before MURRAH, LEWIS and BREITENSTEIN, Circuit Judges.

MURRAH, Circuit Judge.

This appeal is from an order of the trial court reducing an injured employee's New Mexico workmen's compensation award from 75 to 50 percent disability, and further ordering that the award be reduced to 25 percent disability if he refuses to undergo corrective surgery. The main question presented is whether the court was empowered, under New Mexico law, to compel claimant-appellant to submit to surgical...

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