MATTER OF KOVARY v. AM. WOOLEN CO.


12 A.D.2d 711 (1960)

In the Matter of the Claim of John A. Kovary, Respondent, v. American Woolen Company et al., Respondents, and Special Fund for Reopened Cases, Appellant. Workmen's Compensation Board, Respondent

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

December 30, 1960


Appellant has limited this appeal, taken upon an abbreviated record, "to the issue of whether or not the claimant's refusal to undergo surgery for his right hernia is unreasonable", and we consider no other question. The three physicians to testify advised the operation. It appeared, however, that claimant's hernia was operated upon in 1949, recurred in 1950, was operated upon in that year and recurred in 1951. The operating surgeon said that the second recurrence was "because...

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