Claim of Roach v. Hastings Plastics Corp.
Opinion of the Court
Appeal from a decision of the Workers’ Compensation Board, filed March 26, 1980, which reversed a referee’s decision and denied further compensation benefits to claimant. On February 26, 1971, claimant sustained a compensable injury and thereafter commenced a medical malpractice action against certain physicians based upon the surgery and medical care rendered from February 27,1971. Concededly, this malpractice action was discontinued on October 7,1976, without the consent of the compensation insurance carrier. The board found that claimant’s discontinuance of the malpractice action without the consent of the carrier barred further compensation recovery and this appeal ensued. Section 29 of the Workers’ Compensation Law prohibits a claimant from compromising a third-party action without the consent of the compensation carrier liable for payment of compensation benefits or a compromise order from a Justice of the court in which the third-party action was
Case-law data current through December 31, 2025. Source: CourtListener bulk data.