MATTER OF FURNER v. PRECISION


114 A.D.2d 636 (1985)

In the Matter of the Claim of Deborah E. Furner, Respondent, v. Simmonds Precision et al., Appellants. Workers' Compensation Board, Respondent

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

October 17, 1985


Weiss, J.

The sole issue on this appeal is whether the Workers' Compensation Board erred in awarding claimant disability benefits for the period of her hospitalization and convalescence following a gastroplasty, bilateral distal salpingectomy. The employer and its insurance carrier argue that the surgery upon this overweight claimant was purely elective, thereby disqualifying her from benefits (see, Matter of Fullerton v General Motors Corp...

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