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DALKA v. AMERICAN FAMILY MUT. INS. CO.

No. 2010AP1428.

799 N.W.2d 923 (2011)

2011 WI App 90

Kevin S. DALKA, Plaintiff-Appellant, v. AMERICAN FAMILY MUTUAL INSURANCE COMPANY, David D. Kempka, and Zurich American Insurance Company, Defendants-Respondents, James K. Gambsky, Sr. and Mid-States Express, Inc., Defendants.

Court of Appeals of Wisconsin.

Opinion Filed May 24, 2011.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Anthony O'Malley of Zacherl, O'Malley & Endejan, S.C., Fond du Lac.

On behalf of the defendant-respondent, the cause was submitted on the brief of Charles W. Kramer of Deutch & Weiss, LLC, Milwaukee.

Before HOOVER, P.J., PETERSON and BRUNNER, JJ.

HOOVER, P.J.

¶ 1 Kevin Dalka appeals an order compelling him to accept a third-party tortfeasor's offer of settlement pursuant to WIS. STAT. § 102.29(1), as requested by his co-plaintiff employer's worker's compensation insurer.1 Dalka argues he was deprived of his constitutional right to a jury trial, contrary to WIS. STAT. § 805.01. We conclude that an employee who receives worker's compensation benefits waives his or...

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