Jordan v. Orcutt

The essential question in this case is whether an insurer who has paid compensation to an injured employee under our workmen’s compensation act, G. L. c. 152, is entitled by virtue of § 15 of that act, as it stood in 1927 when the accident occurred, to bring an action against a physician for alleged negligence in the treatment of the injury, where it does not appear that the compensation actually paid has been affected by consideration of addK tional pain and suffering due to that treatment. Other questions involved are: Can the insurer, proceeding in the name of the employee, institute an…