Employers Mutual Liability Insurance v. Liberty Mutual Insurance

Liberty Mutual Insurance Company and Modern Equipment Company appeal from an order denying their motion to dismiss a claim brought by Employers Mutual Liability Insurance Company for the benefit of certain injured employees. The issue is whether, on the facts of this case, Employers Mutual, a worker's compensation insurer, has standing to bring an action on behalf of the injured employees in a third-party action under sec. 102.29(1), Stats. We conclude that Employers Mutual may bring the actions, and we therefore affirm.

On January 7, 1978, several employees of Wau-paca Foundry, Inc., were…