Arthur G. McKee & Company v. Industrial Commission

I do not agree. The majority’s opinion is predicated on finding that genuine fear on the part of the claimant justifies a refusal to undergo surgery.

In my opinion, this conclusion can find no support in either the statutes or case law. The test as to reasonable refusal is. an objective rather than a subjective one. A.R.S. § 23-1026(E) states in pertinent part:

“[T]he commission may reduce or suspend the compensation of an employee . who refuses to submit to medical or surgical treatment reasonably necessary to promote his recovery.” (Emphasis supplied).

Also, A.R.S. § 23-1027 provides:

“No…