41 A.D.2d 800 | N.Y. App. Div. | 1973
Appeal on a shortened record by the Special Disability Fund from a decision of the Workmen’s Compensation Board, filed June 3, 1971 and from an amended decision filed June 9, 1972, which ¡established the liability of said fund under subdivision 8 of section 15 of the Workmen’s Compensation Law. Claimant, employed as a cleaning lady, alleged that she hurt her back while emptying a waste can and was given an award based on a finding that she had a causally related mild permanent partial disability. She was very obese, the board stating that she was about five feet four inches tall and that she weighed about 250 pounds. At least two doctors agreed that she had a herniated disc which probably should have been surgically repaired but that such surgery was not advisable until she lost some weight. Upon a suggestion that claimant be hospitalized to lose weight, the carrier authorized hospitalization for said purpose Lor a period not to exceed three w^ek?. TJTpon discharge her weight was 218 pounds but one