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MARTINEZ v. ASHLAND OIL, INC.

No. 85-1357.

132 Wis.2d 11 (1986)

390 N.W.2d 72

Donna MARTINEZ, Cecilio Martinez, a minor, and Donna Martinez, Personal Representative of the Estate of Cecilio Martinez, Plaintiffs-Appellants, ST. PAUL FIRE & MARINE INSURANCE COMPANY, Plaintiff-Respondent, v. ASHLAND OIL, INC., a foreign corporation, Defendant.

Court of Appeals of Wisconsin.

Decided May 7, 1986.

Attorney(s) appearing for the Case

For the plaintiff-appellant, the cause was submitted on the briefs of Richard A. Heilprin of Heilprin Law Offices, of Madison.

For the plaintiff-respondent, the cause was submitted on the briefs of Richard T. Mueller of Richard T. Mueller, S.C. of Milwaukee.

Before Scott, C.J., Brown, P.J., and Nettesheim, J.

NETTESHEIM, J.

The sole issue on appeal is whether a person who settles a third-party liability claim must be "made whole" under common-law subrogation principles before the worker's compensation insurance carrier, who paid primary death benefits, is entitled to reimbursement from the settlement proceeds under the distribution scheme set forth in sec. 102.29(1), Stats. We conclude that the trial court properly ruled that sec. 102.29(1) renders common-law subrogation...

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