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RACINE STEEL CASTINGS v. HARDY

No. 86-1016.

139 Wis.2d 232 (1987)

407 N.W.2d 299

RACINE STEEL CASTINGS, a division of Evans Products Company, a foreign corporation, Plaintiff-Respondent, v. John R. HARDY, Defendant-Appellant, Jose KANSHEPOLSKY, M.D., the Medical Protective Ins. Co., Good Samaritan Medical Center-Deaconess Hospital Campus, Patients Compensation Fund, Possibly Interested Parties Added by Court Order.

Court of Appeals of Wisconsin.

Decided April 9, 1987.

Attorney(s) appearing for the Case

For the plaintiff-respondent the cause was submitted on the briefs of Kasdorf, Lewis & Swietlik, S.C., by J. Ric Gass and Patti J. Kurth, of Milwaukee.

For the defendant-appellant the cause was submitted on the briefs of Marjan R. Kmiec Law Offices, by Boyd M. McGranaghan of Milwaukee.

For possibly interested party added by court order, Patients Compensation Fund, the cause was submitted on the briefs of Riordan, Crivello, Carlson & Mentkowski, by Daniel R. Riordan, Nancy J. Meissner and Ahmed J. Quereshi, of Milwaukee.

Before Moser, P.J., Wedemeyer and Sullivan, JJ.

MOSER, P.J.

John R. Hardy appeals from a judgment declaring sec. 102.29(3), Stats.,1 of the worker's compensation laws unconstitutional insofar as it precludes an employer or its compensation insurer from sharing in the proceeds of a medical malpractice claim against a physician, chiropractor, or podiatrist. The declaratory judgment was entered in a lawsuit brought by Hardy's employer, Racine...

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