Key legal question
Whether suspension of the pension under the duty to mitigate was lawful despite refusal of hip surgery.
Extracted holding
Yes. The surgery was reasonable, promised a substantial improvement in earning capacity, and the claimant had been sufficiently warned and given time to comply.
Extracted reasoning
Art. 21(4) ATSG applies; prospective medical evidence showed a highly favorable chance of significant improvement, and the claimant knowingly refused the operation despite clear notice.