Martinez v. Ashland Oil, Inc.

The sole issue on appeal is whether a person who settles a third-party liability claim must be "made whole" under common-law subro-gation principles before the worker's compensation insurance carrier, who paid primary death benefits, is entitled to reimbursement from the settlement proceeds under the distribution scheme set forth in sec. 102.29(1), Stats. We conclude that the trial court properly ruled that sec. 102.29(1) renders common-law sub-rogation principles inapplicable. We therefore affirm.

Cecilio Martinez was killed November 5, 1976 in an industrial accident at his place of…