Boccarossa v. Nationwide Mutual Insurance Company

This is an employee’s appeal from a final decree of the workmen’s compensation commission, denying and dismissing his original petition for benefits under the workmen’s compensation act.

The petitioner’s status as an employee is not disputed, nor does respondent contend that petitioner’s incapacity, if any, was not work-connected. What is in issue, on this appeal, is the question of whether petitioner, having executed a general release in favor of a third party whose alleged negligence occasioned petitioner’s injury, made an election of remedies which precludes recovery of compensation…