Claim of Furner v. Precision

Appeal from a decision of the Workers’ Compensation Board, filed August 1, 1984.

The sole issue on this appeal is whether the Workers’ Compensation Board erred in awarding claimant disability benefits for the period of her hospitalization and convalescence following a gastroplasty, bilateral distal salpingectomy. The employer and its insurance carrier argue that the surgery upon this overweight claimant was purely elective, thereby disqualifying her from benefits (see, Matter of Fullerton v General Motors Corp., Rochester Prods. Div., 46 AD2d 251, 252). The Board found that the medical reports…