Schumacher v. Leslie

BOHLING, C.

Jacob E. Schumacher sued C. H. Leslie, a physician, for $10,420 damages for alleged malpractice. Cast on defendant’s motion to dismiss for failure to state a claim against defendant, plaintiff has appealed. Plaintiff says the question is whether an employee, covered by the Workmen’s Compensation Act, who has sustained a compensable injury under said Act and has had such injury aggravated by the malpractice of the physician furnished by his employer or insurer, can maintain an action against the physician for malpractice if he has not accepted a “Final Award of Compensation” under…