MATTER OF LYNCH v. FORT ORANGE PAPER CO.


278 A.D. 1031 (1951)

In the Matter of the Claim of Bernard Lynch, Respondent, v. Fort Orange Paper Company et al., Appellants. Workmen's Compensation Board, Respondent

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

September 19, 1951.


Claimant in the course of his employment sustained a double hernia. He was then sixty-seven years of age, and while there is medical proof in the record that surgery is indicated and would cure the disability, there is also proof that because of the claimant's age, surgery is not advisable. The finding of the board, therefore, that claimant's refusal to undergo a corrective operation is not unreasonable must be sustained. There is undisputed medical proof, however, by claimant...

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