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THRESHERMENS MUT. INS. CO. v. PAGE

No. 95-2942.

217 Wis.2d 451 (1998)

577 N.W.2d 335

THRESHERMENS MUTUAL INSURANCE COMPANY, Plaintiff-Appellant, Dorothy GROSS, Involuntary-Plaintiff-Respondent, v. Robert PAGE, National Building Service and CNA Insurance Companies, Defendants-Respondents-Petitioners.

Supreme Court of Wisconsin.

Decided May 5, 1998.

Attorney(s) appearing for the Case

For the defendants-respondents-petitioners there were briefs by David M. Victor and Law Offices of Mark H. Miller, Brookfield and oral argument by David M. Victor.

For the plaintiff-appellant there was a brief by James C. Ratzel and Otjen, Van Ert, Stangle, Lieb & Weir, S.C., Milwaukee and oral argument by James C. Ratzel.

¶ 1. JANINE P. GESKE, J.

We are faced with one question in this review: Whether the Worker's Compensation Act permits a worker's compensation insurer to assert a claim for an injured worker's pain and suffering in an action against a third party, when the employee has specifically declined to participate in the action? The court of appeals reversed a circuit court order barring the compensation insurer from presenting evidence of the injured worker's pain and...

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