Questão jurídica principal
Whether the half invalidity pension had to be withdrawn after the insured failed to comply with the ordered duty to mitigate damages by undergoing knee surgery.
Decisão extraída
Yes. The insured breached a reasonable and indicated duty to mitigate, so the IV office could assess his work capacity as if the operation had been performed and withdraw the pension.
Fundamentação extraída
The court found no proven improvement or deterioration in health, but held that the earlier pension award was tied to the expectation of knee arthroplasty. The surgery was a routine intervention with a high probability of substantially improving the condition and earning capacity. The insured's fear of paralysis did not make the operation unreasonable.