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SUTTON v. KAARAKKA

No. 91-1557.

168 Wis.2d 160 (1992)

483 N.W.2d 259

Jeanne M. SUTTON, by her guardian, Jeffrey S. Sutton, Jeffrey S. Sutton, Chayce Sutton, by his Guardian ad Litem, Eugene A. Gasiorkiewicz, and Carly Sutton, by her Guardian ad Litem, Eugene A. Gasiorkiewicz, Plaintiffs-Appellants, v. Olli KAARAKKA, M.D., and Wisconsin Patients Compensation Fund, Defendants, LIBERTY MUTUAL INSURANCE COMPANY and In-Sink-Erator, Inc., Intervening-Parties-Respondents.

Court of Appeals of Wisconsin.

Decided March 11, 1992.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of Alice A. Nejedlo and Eugene A. Gasiorkiewicz, of Hanson, Gasiorkiewicz & Weber, S.C. of Racine.

On behalf of the intervening-party-respondent, Liberty Mutual Insurance Company, the cause was submitted on the brief of Paul R. Riegel of Borgelt, Powell, Peterson & Frauen, S.C. of Milwaukee.

On behalf of the intervening-party-respondent, In-Sink-Erator, Inc., the cause was submitted on the brief of Daniel J. Kelley of Schoone, Ware, Fortune & Lueck, S.C. of Racine.

Before Nettesheim, P.J., Anderson and Snyder, JJ.

NETTESHEIM, P.J.

Pursuant to sec. 102.29(1), Stats., of the Worker's Compensation Act, the trial court approved a medical malpractice settlement in favor of Jeanne M. Sutton. The court, however, reserved a portion of the settlement to guarantee payment of future worker's compensation obligations. Sutton, the employee, appeals the trial court's ruling that the interest earned by this reserved account is to be retained by the fund rather than paid directly over to her...

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