Legal Opinion

Claim of Carr v. Dunn & McCarthy

Appellate Division of the Supreme Court of the State of New York

Decided December 23, 1955PublishedCited by 1 opinion

1Opinion of the Court

Appeal by an employer and its insurance carrier from a decision of the Workmen’s Compensation Board authorizing surgery for claimant at the expense of the employer and its carrier. On April 16, 1949, claimant’s physician discovered a small right inguinal hernia and discussed surgery, but claimant did not want it then and the physician did not urge it because of the presence of heart disease. In September, 1952, after many years of work for the employer, claimant retired. On August 8, 1953, the physician found the hernia symptoms enlarged to a point where he recommended surgery without further…

2Cases cited3 opinions

  1. Claim of Ganger v. Liebmann BreweriesAppellate Division of the Supreme Court of the State of New York · 1953
  2. Claim of Oddi v. Cabaret HurricaneAppellate Division of the Supreme Court of the State of New York · 1951
  3. Claim of Boyd v. F. & M. Schaefer Brewing Co.Appellate Division of the Supreme Court of the State of New York · 1953

3Cited by1 opinion

  1. Nitkin v. Administrator of the Health Services AdministrationNew York Supreme Court · 1975

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