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KOTTKA v. PPG INDUSTRIES, INC

No. 85-0933.

130 Wis.2d 499 (1986)

388 N.W.2d 160

William KOTTKA and Janet Kottka, Plaintiffs-Appellants, AETNA INSURANCE COMPANY and Northern Insurance Company of New York, Subrogated Parties, MARYLAND CASUALTY INSURANCE COMPANY and Wausau Insurance Companies, Subrogated Parties-Respondents, v. PPG INDUSTRIES, INC., a foreign corporation and Hidrite Chemical Company, Defendants. William KOTTKA and Janet Kottka, Plaintiffs-Appellants, AETNA INSURANCE COMPANY and Northern Insurance Company of New York, Subrogated Parties, MARYLAND CASUALTY INSURANCE COMPANY and Wausau Insurance Companies, Subrogated Parties-Respondents, v. KEPRO CIRCUIT SYSTEMS, INC., a foreign corporation, Defendant.

Supreme Court of Wisconsin.

Decided June 4, 1986.

Attorney(s) appearing for the Case

For the plaintiffs-appellants there were briefs by James A.Olson and Lawton & Cates, Madison, and oral argument by Mr.Olson.

For the respondent, Maryland Casualty Insurance Company, there was a brief by John Koeppl and Stafford, Rosenbaum, Rieser & Hansen, Madison, and oral argument by Mr.Koeppl.

For the respondent, Wausau Insurance Companies, there was a brief by Peter L. Topczewski and Law Offices of Straub and Schuch, Milwaukee, and oral argument by Mr. Topczewski.

Amicus curiae brief was filed by D.J. Weis, James A. Johnson and Johnson, Weis, Paulson & Priebe, S.C., Rhinelander, for the Wisconsin Academy of Trial Lawyers.

BABLITCH, J.

Janet Kottka, the wife of the injured (now deceased) employe, William Kottka, appeals. She asks this court to determine whether the circuit court properly applied sec. 102.29(1), Stats., of the Worker's Compensation Act. Section 102.29(1) provides for the allocation of the proceeds of the settlement of a third party tort action. The statute directs how the proceeds are allocated between the person receiving the proceeds from a third party and the employer...

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