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STOLPER v. OWENS-CORNING FIBERGLAS CORP.

No. 92-2710.

178 Wis.2d 747 (1993)

505 N.W.2d 157

Judith STOLPER, Personally and as Special Administrator of the Estate of Kenneth J. Stolper, Plaintiffs-Appellants, v. OWENS-CORNING FIBERGLAS CORPORATION, Owens-Illinois, Inc., Keene Corporation, Fibreboard Corporation, Pittsburgh-Corning Corporation, Armstrong World Industries, Inc., GAF Corporation and Rock Wool Manufacturing Company, Defendants, EMPLOYERS INSURANCE OF WAUSAU, a mutual company, Defendant-Respondent, OWENS-CORNING FIBERGLAS CORPORATION, Defendant-Third Party Plaintiff, v. COMBUSTION ENGINEERING, INC., Flintkote Corporation and Grant Wilson, Inc., Third Party Defendants.

Court of Appeals of Wisconsin.

Decided August 10, 1993.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of Thomas J. Flanagan and Hope K. Olson of Previant, Goldberg, Uelmen, Gratz, Miller & Brueggeman, S.C., of Milwaukee.

On behalf of the defendant-respondent, the cause was submitted on the briefs of Peter L. Topczewski of Law Offices of Schuch and Stilp of Milwaukee.

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

FINE, J.

The issue presented by this appeal is whether a worker's compensation carrier is entitled to allocation, under section 102.29(1), Stats., of money recovered in a wrongful-death action brought on behalf of the deceased worker to whom it made worker's compensation payments. We conclude that allocation is mandated by statute.

I.

Kenneth J. Stolper, an insulation worker, died in 1988 as the result of an asbestos-exposure illness.

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