Maryland Casualty Co. v. Hendrick Memorial Hospital

In my opinion, both contentions of appellant should be sustained. That is to say, I think the Workmen’s Compensation Act “does not give to serving hospitals or attending physicians a direct [independent] cause of action”; and even if so, that “the court erred in not abating this case until the injured employee’s claim [injury] had been finally adjudicated to be compensable.”

If such independent cause of action exists, as held in the majority opinion, is the action to enforce same one sounding in tort, or is it upon a contract? It will hardly be contended that the refusal of the’ compensation…