Messner v. Briggs & Stratton Corp.

Diana L. Messner (Diana) and John G. Messner (collectively, the Messners) appeal from an order for dismissal in favor of Briggs & Stratton Corporation (Briggs & Stratton). The Messners challenge the constitutionality of sec. 102.18(1) (bp), Stats, (part of the Worker’s Compensation Act), which authorizes, as the exclusive remedy for insurer or employer bad faith, the award to an employee of a “penalty” against the insurer or employer, or both. The Messners contend that the section violates their constitutional rights. The Messners also argue that even if sec. 102.18(1) (bp) is constitutional,…