Aldridge Hotel v. Ford

1 Claimant at the time of the injury constituting the gravamen of this action, a right inguinal hernia had attained the age of seventy years. The injury was sustained in lifting by the claimant while employed by the petitioner in a pursuit within the purview of the Workmens Compensation Law. The petitioner, who will hereinafter be referred to as employer, tendered an operation which was scheduled on three occasions. Each time the claimant delayed such surgical treatment. Finally, the claimant, upon being advised that he could not remain in the employment of his employer unless he underwent surgery for the hernia, left the employment. The claimant testified that he did not want to submit to the proffered operation on the advice of his doctor who had advised that the operation would endanger claimants life.