MATTER OF KINGSTON v. ROCHESTER PRODS.


62 A.D.2d 1104 (1978)

In the Matter of the Claim of Audrey Kingston, Appellant, v. Rochester Products, G. M. C. et al., Respondents. Workmen's Compensation Board, Respondent

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

April 20, 1978


Claimant underwent a tubal ligation sterilization procedure on April 4, 1975. She, thereafter, filed a claim for disability benefits for related lost time. The board in affirming the referee by a split vote, found that the tubal ligation was purely elective and that the disability resulting from the operation was not illness within the limits of subdivision 8 of section 201 of the Disability Benefits Law (Workmen's Compensation Law, art 9). The question of the compensability...

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