Fidelity & Casualty Company of New York v. Burrows

I cannot agree with the result reached in the majority opinion.

The medical testimony is in sharp conflict as to the nature and extent of plaintiff’s injury. Plaintiff’s witness, Dr. Mc-Cabe, testified that in his opinion, plaintiff *356had a disc protrusion which he described as permanent. Because of this condition, which the witness described as painful and disabling, plaintiff would be unable to do any heavy lifting. If, upon performing a pre-employment physical examination, he found such a condition in the applicant for employment, he would disqualify the applicant from work involving…