2010AP1428 Dalka v. American Family Mutual Ins. Co.

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Employment
Worker’s compensation

An employee who receives worker’s compensation benefits waives his or her unilateral right to a jury trial in a related third-party tort action.

“Ultimately, Bergren held that Wis. Stat. § 102.29(1) ‘gives the trial court the right to settle a dispute between the two plaintiffs, as to whether or not a compromise settlement offered by the defendant should be accepted.’ Bergren, 263 Wis. at 485. This language does not differentiate between the plaintiffs, that is, the employee and the worker’s compensation insurer. Reading Bergren as a whole, we conclude its holding must be applied equally as against the employee or the worker’s compensation insurer. We are bound by that holding. See Cook v. Cook, 208 Wis. 2d 166, 189-90, 560 N.W.2d 246 (1997).”

Affirmed.

Recommended for publication in the official reports.

2010AP1428 Dalka v. American Family Mutual Ins. Co.

Dist. II, Washington County, Muehlbauer, J., Hoover, J.

Attorneys: For Appellant: O’Malley, Anthony L., Fond du Lac; For Respondent: Mathie, James J., Waukesha; Weiss, Monte, Milwaukee; Kramer, Charles W., Milwaukee

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