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NAZARIO v. WASHINGTON ADVENTIST HOSP., INC.

No. 799, September Term, 1979.

45 Md. App. 243 (1980)

412 A.2d 1271

JOAQUIM F. NAZARIO v. WASHINGTON ADVENTIST HOSPITAL, INC. ET. AL.

Court of Special Appeals of Maryland.

Decided April 10, 1980.

Attorney(s) appearing for the Case

Robert C. Heeney, with whom were Heeney, Armstrong & Heeney on the brief, for appellant.

Theodore B. Cornblatt and Philip Sturman, with whom were S. Woods Bennett and Smith, Somerville & Case on the brief, for appellees.

The cause was argued before MORTON, THOMPSON and MELVIN, JJ.

THOMPSON, J., delivered the opinion of the Court.

The issue presented by this appeal is to what extent an insurance carrier, who has paid Workmen's Compensation benefits, has a claim on proceeds from an employee's medical malpractice settlement which arose out of the same injury.

On May 25, 1972, Joaquim F. Nazario, the appellant, injured his eye in the course of his employment. He was treated for the injury at Washington Adventist Hospital by Dr. A.J. Martin...

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