Unger v. Continental Assurance Co.

The issue central to this action is whether the medical malpractice claim of the plaintiff, John W. Unger, is barred by the exclusive remedy provision of the Workers’ Compensation Act. (Ill. Rev. Stat. 1981, ch. 48, par. 138.5(a).) The plaintiff alleged that while he was employed by Continental Assurance Company (CAC), he received a physical examination. The examination was performed by the plaintiff’s co-employee, defendant Dr. Carl R. Hines, who allegedly failed to diagnose the plaintiff’s lung cancer until repeat chest X rays were taken almost one year after the initial examination. The…