Sutton Ex Rel. Sutton v. Kaarakka

In-Sink Erator, Inc. and its worker's compensation insurer, Liberty Mutual Insurance Company (employer, collectively), appeal from an order denying the employer's motion to intervene and to participate in Sutton's medical malpractice settlement pursuant to sec. 102.29, Stats! At issue on appeal is the applicability of an amendment to sec. 102.29(3), which became effective after Sutton's work accident but before the medical malpractice. The amendment removed the prohibition against employers sharing in the employee's awards from medical malpractice claims. Because the amendment does apply to…