Summary
In Purnell v. Wolffe, 204 Pa. Super. 211, 203 A.2d 511 (1964), it was held that a woman who had suffered lumbar disc herniation and refused surgery was not barred from recovery.
Summary of this case from Tortorice v. Capital Brick. Const., Inc.Opinion
September 14, 1964.
September 30, 1964.
Workmen's Compensation — Evidence — Herniated lumbar disk — Total disability — Refusal to undergo surgery.
In a workmen's compensation case, in which it appeared that the court below, holding that there was evidence to sustain the findings of the board that claimant, a practical nurse, suffered a lumbar disk herniation, and that she was totally disabled (even though there was some testimony that she might be able to obtain "light work"), and that her refusal to undergo surgery did not. In the circumstances, bar her from benefits as a matter of law, affirmed the award, it was Held that the order of the court below should be affirmed.
Before ERVIN, WRIGHT, WOODSIDE, WATKINS, MONTGOMERY, and FLOOD, JJ. (RHODES, P.J., absent).
Appeal, No. 462, Oct. T., 1964, from order of Court of Common Pleas No. 1 of Philadelphia County, Dec. T., 1963, No. 2826, in case of Margaret Purnell v. Joseph B. Wolffe et al. Order affirmed.
Same case in court below: 34 Pa. D. C. 2d 286.
Appeal by defendant from award by Workmen's Compensation Board.
Order entered dismissing appeal, opinion by CHUDOFF, J. Defendants appealed.
Raymond J. Porreca, for appellants.
Bert E. Zibelman, with him Freedman, Landy and Lorry, for appellee.
Argued September 14, 1964.
The Order of the Court of Common Pleas No. 1 of Philadelphia County is affirmed on the opinion of Judge EARL CHUDOFF for the court below, reported at 34 Pa. D. C. 2d 286.