Claim of Roach v. Hastings Plastics Corp.

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…