Legal Opinion

Roach v. Hastings Plastics Corp.

New York Court of Appeals

Decided November 16, 1982PublishedCited by 6 opinions

1Opinion of the Court

OPINION OF THE COURT

Jones, J.

The compromise, without the consent of the workers’ compensation insurer, of an injured employee’s third-party action in malpractice to recover damages for aggravation injuries affects only that portion of the compensation award attributable to the malpractice.

On February 26, 1971, appellant sustained injury to his right arm in the course of his employment at Hastings Plastics. The following day his arm was operated on, and on May 26, 1972 the arm was amputated.

Appellant’s claim for workers’ compensation benefits was pending before the board during this period.…

2Cases cited1 opinion

  1. Matter of Parchefsky v. Kroll Bros., Inc.New York Court of Appeals · 1935

3Cited by6 opinions

  1. Hill v. St. Clare's HospitalNew York Court of Appeals · 1986
  2. Forest v. Safeway Stores, Inc.Alaska Supreme Court · 1992
  3. Firestein v. Kingsbrook Jewish Medical CenterAppellate Division of the Supreme Court of the State of New York · 1988
  4. Claim of Noker v. International Paper Co.Appellate Division of the Supreme Court of the State of New York · 1982
  5. Forest v. Safeway Stores, Inc.Alaska Supreme Court · 1992

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