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OPICHKA v. RACINE COUNTY

No. 2005AP1807.

715 N.W.2d 677 (2006)

2006 WI App 96

Jeffrey OPICHKA and Jennifer Opichka, Plaintiffs-Appellants, William F. Breitenstein, Intervening Plaintiff-Appellant, v. RACINE COUNTY, Defendant-Respondent.

Court of Appeals of Wisconsin.

Opinion Filed April 5, 2006.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants and intervening plaintiff-appellant, the cause was submitted on the briefs of Rebecca D. Boyle of Fuchs, DeStefanis & Boyle, S.C. of Milwaukee.

On behalf of the defendant-respondent, the cause was submitted on the brief of John P. Serketich, Assistant Corporation Counsel of Racine.

Before SNYDER, P.J., BROWN and NETTESHEIM, JJ.

¶ 1 BROWN, J.

Three Racine County sheriffs deputies requested time off of work as a result of motor vehicle accidents in which they had been involved. The County gave them their paid time off but then asserted a subrogation lien against settlement amounts they recovered from their tortfeasors, reasoning that it had a right to be reimbursed for the benefits it paid. We disagree. The County had no right to reimbursement because it had not "paid" anything. The deputies...

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