Baselice v. Fanoni

This motion presents an interesting question: Can an injured employee now institute an action for malpractice against the physician who allegedly treated and aggravated the original injury, although more than six months ago he received a compensation award for the original injury and although' the alleged malpractice occurred more than a year ago?

The physician defendant here moves to dismiss the employee’s complaint under subdivisions 3 and 6 of rule 107 of the Buies of Civil Practice. The motion is premised upon subdivision 1 of section 29 of the Workmen’s Compensation Law, which reads as…