Hilliard v. Merkel Construction Co.

STATEMENT OP THE CASE

REYNOLDS, J.

Plaintiff sues to recover damages under the workmen’s compensation law of Louisiana. Defendant contends that plaintiff’s injury could be cured by a simple surgical operation, unattended by risk of life or health, which operation it tendered him at its own expense as an act of charity. Plaintiff refused to submit to the operation, claiming that it was not unattended with risk to his life.

The district court rendered judgment staying plaintiff’s right to further prosecute his suit and suspending his right to compensation until and unless he submitted to the…