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SKIROWSKI v. EMPLOYERS MUT. CAS. CO.

No. 90-0133.

158 Wis.2d 242 (1990)

462 N.W.2d 245

Elmer SKIROWSKI, Plaintiff-Respondent, v. EMPLOYERS MUTUAL CASUALTY COMPANY, a foreign insurance corporation, Defendant-Appellant, The TRAVELERS INDEMNITY COMPANY, a foreign insurance corporation, International Industrial Products Corporation, Inc., Defendants-Third Party Plaintiffs, v. LOMPAS, a foreign corporation, Third Party Defendant.

Court of Appeals of Wisconsin.

Decided September 20, 1990

Attorney(s) appearing for the Case

For the defendant-appellant the cause was submitted on the briefs of John C. Possi of Mueller, Goss & Darnieder, S.C. of Milwaukee.

For the plaintiff-respondent the cause was submitted on the brief of James R. Jansen of Habush, Habush & Davis, S.C. of Madison.

Before Eich, C.J., Gartzke, P.J., and Sundby, J.

EICH, C.J.

Employers Mutual Casualty Company appeals from an order distributing the proceeds of a structured settlement in a personal injury case. The issue is whether the settlement was apportioned between the injured employee and the employer's worker's compensation carrier in compliance with sec. 102.29, Stats. We conclude that it was not, and we reverse the order.

Elmer Skirowski suffered a serious injury while operating a machine in the course of his...

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