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Claim of Tillow v. Daystrom Corp.

273 A.D. 1045, 78 N.Y.S.2d 720, 1948 N.Y. App. Div. LEXIS 5888
CourtAppellate Division of the Supreme Court of the State of New York
DecidedMay 12, 1948
StatusPublished
Cited by7 cases

This text of 273 A.D. 1045 (Claim of Tillow v. Daystrom Corp.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Claim of Tillow v. Daystrom Corp., 273 A.D. 1045, 78 N.Y.S.2d 720, 1948 N.Y. App. Div. LEXIS 5888 (N.Y. Ct. App. 1948).

Opinion

Appeal by employer and insurance carrier from a decision and award of a referee in a workmen’s compensation case. Claimant injured his back [1046]*1046while lifting some material used or sold in his employment. He was given hospital treatment on two separate occasions without complete cure. All the physicians who have examined him, including his own, recommended that a myelogram test be performed to determine if a lumbar root protrusion exists. Claimant has refused to submit to such a test. There is medical testimony to the effect that his refusal to submit to such a test is unreasonable and there is no evidence to the contrary, except fear expressed by claimant. The decision appealed from directs the employer and carrier to provide claimant with psychiatric treatment to persuade him to take the test. Award and decision reversed on the law, without costs, and matter remitted to the Workmen’s Compensation Board. Hill, P. J., Heffernan, Brewster, Poster and Deyo, JJ., concur.

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Bluebook (online)
273 A.D. 1045, 78 N.Y.S.2d 720, 1948 N.Y. App. Div. LEXIS 5888, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-tillow-v-daystrom-corp-nyappdiv-1948.