Claim of MacMullan v. Associated Press

Yesawich, Jr., J.

Appeal from a decision of the Workers’ Compensation Board, filed May 14, 1986, which denied William Von Stein’s application to reopen a previously closed compensation case on the ground that any claim for compensation suggested by the application is barred by Workers’ Compensation Law § 28.

This appeal arises out of a medical malpractice action brought in Supreme Court, New York County, by Philip MacMullan against William Von Stein. The alleged malpractice arises out of medical services rendered by Dr. Von Stein to MacMullan at a time when they were coemployees, and *918involves…