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KERNER v. EMPLOYERS MUT. LIABILITY INS. CO.

35 Wis.2d 391 (1967)

KERNER and others, Plaintiffs: VEVERKA, Plaintiff and Appellant, v. EMPLOYERS MUTUAL LIABILITY INSURANCE COMPANY, Defendant and Respondent.

Supreme Court of Wisconsin.

June 6, 1967.

Attorney(s) appearing for the Case

For the appellant there were briefs by Irving D. Gaines, attorney, and David A. Saichek of counsel, both of Milwaukee, and oral argument by Mr. Gaines.

For the respondent there was a brief by Hart, Kraege, Jackman, Wightman & Bieber of Madison, attorneys, and Klueter, Larson & MacKenzie of Wausau and John D. Thiel of Madison of counsel, and oral argument by W. L. Jackman.

WILKIE, J.

The sole issue presented on this appeal is whether sec. 102.03 (2), Stats., prevents the bringing of a third-party action against the defendant, the workmen's compensation carrier of the employer, as provided by sec. 102.29.

Sec. 102.29 (1), Stats., provides:

"The making of a claim for compensation against an employer or compensation insurer for the injury ... of an employe shall not affect the right of the employe ... to make claim or maintain...

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