Balsley v. Severance

The sole question presented upon this appeal is whether the provisions of section 29 of the Workmen’s Compensation Law (Cons. Laws, chap. 67), as amended by chapter 684 of the Laws of 1937, apply to an action against a physician, brought to recover the aggravated damages resulting from malpractice in the treatment of a compensable injury. The complaint alleges, in substance, that plaintiff on March 11, 1938, while acting in the service of his employer, received accidental injuries, that on that date he employed defendant to treat such injuries, and that due to defendant’s improper and…