Claim of Hooper v. Bethlehem Steel Co.

Herlihy, J. (dissenting).

In July, 1945, a routine physical examination by the appellant disclosed that the claimant employee suffered from a recurrent bilateral hernia which the appellant in its report of injury and the attending physician in his report designated as “ occupational ”.

A board physician confirmed the hernial condition at a hearing held August 28, 1945. The appellant did not controvert the *148claim and the claimant at the hearing said he did not yet want an operation. The Beferee then found that claimant had developed a recurrence of the bilateral hernias; that it was caused by his…