Question juridique clé
Whether suspension of the pension under the duty to mitigate was lawful despite refusal of hip surgery.
Solution extraite
Yes. The surgery was reasonable, promised a substantial improvement in earning capacity, and the claimant had been sufficiently warned and given time to comply.
Motifs extraits
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.