Gainer v. State Accident Insurance Fund Corp.

The only issue in this Workers’ Compensation case is whether a permanent disability award may be reduced because of claimant’s refusal to submit to recommended surgical procedures which might improve his condition. Both the referee and the Board found that claimant’s refusal was reasonable.

Claimant, a 43-year-old truck driver, sustained a compensable low back injury on November 14, 1977. Following an examination, claimant’s doctors recommended myelographic studies, a sometimes painful diagnostic test, to be followed probably by a laminectomy. Claimant refused. A Determination Order found…