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MATTER OF ROACH v. HASTINGS PLASTICS CORP.

85 A.D.2d 833 (1981)

In the Matter of the Claim of Kevin Roach, Appellant, v. Hastings Plastics Corp. et al., Respondents. Workers' Compensation Board, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

December 23, 1981

On February 26, 1971, claimant sustained a compensable injury and thereafter commenced a medical malpractice action against certain physicians based upon the surgery and medical care rendered from February 27, 1971. Concededly, this malpractice action was discontinued on October 7, 1976, without the consent of the compensation insurance carrier. The board found that claimant's discontinuance of the malpractice action without the consent of the carrier barred further compensation...

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