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Worker’s Compensation Claims – Attorney Fees
By: Derek Hawkins//April 29, 2020//
Listen to this articleWI Court of Appeals – District I
Case Name: Mary Kasal v. Stryker Corporation, et al.
Case No.: 2019AP1017
Officials: Brash, P.J., Dugan and Donald, JJ.
Focus: Worker’s Compensation Claims – Attorney Fees
Sentry Insurance, a Mutual Company appeals an order of the trial court in favor of the plaintiff, Mary Kasal, in which the court declined to apportion, from the settlement proceeds, the attorney’s fees and costs incurred by Sentry pursuant to WIS. STAT. § 102.29 (2017-18), which regulates claims of third party liability in relation to worker’s compensation claims. The trial court found that Sentry’s worker’s compensation policy with Kasal’s employer—which did not provide for the recovery of the insurer’s attorney’s fees and costs—superseded the apportionment provisions of the statute. We affirm.
Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.
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