Nazario v. Washington Adventist Hospital, Inc.

The issue presented by this appeal is to what extent an insurance carrier, who has paid Workmen’s Compensation benefits, has a claim on proceeds from an employee’s medical malpractice settlement which arose out of the same injury.

On May 25, 1972, Joaquim F. Nazario, the appellant, injured his eye in the course of his employment. He was treated for the injury at Washington Adventist Hospital by Dr. A. J. Martin; a few days later he lost his eye by enucleation at Holy Cross Hospital. Nazario filed a Workmen’s Compensation claim in August, 1972 from which he received $25,605 to cover temporary…