Appeal from a decision and award of the Workmen’s Compensation Board. Claimant in the course of employment on May 28, 1952 slipped and fell, striking his back and sustaining, among other injuries, a herniation of the nucleus pulposus between the last lumbar and the first sacral vertebra. On conflicting medical opinion, the Workmen’s Compensation Board referred the ease to an impartial medical specialist who found on examination the claimant’s symptoms to be “characteristic” of herniation of the nucleus pulposus and who reported May 5,1954 he had advised the claimant “ to have an operation to remove the affected disc ”. Claimant, however, has refused to submit to an operation and the board has found that this refusal “ is not unreasonable.” We think there is substantial evidence in the record to sustain this finding. Appellant employer contends that all medical evidence in which surgery was contra-indicated or not clearly indicated was considerably earlier than the impartial specialist’s report. On March 1, 1954, however, a physician expressed the view that the diagnosis of herniated disc was “possible”, and recommended myelogram, which, he stated, even if negative, would not rule out herniated disc. This was two months before the impartial specialist’s report. A physician examining the claimant for the employer on January 8, 1954, reported that “ some of his signs suggest a disc lesion .and others are definitely against it ” but that the ease “ has gone on for
Claim of Viggiano v. Pullman Co.
7 A.D.2d 800
N.Y. App. Div.1958Check TreatmentAI-generated responses must be verified and are not legal advice.
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