Legal Opinion

Opichka v. Racine County

Court of Appeals of Wisconsin

Decided April 5, 2006No. 2005AP1807PublishedCited by 1 opinion

1Opinion of the CourtBrown, J.

¶ 1. Three Racine County sheriffs deputies requested time off of work as a result of motor vehicle accidents in which they had been involved. The County gave them their paid time off but then asserted a subrogation lien against settlement amounts they recovered from their tortfeasors, reasoning that it had a right to be reimbursed for the benefits it paid. We disagree. The County had no right to reimbursement because it had not "paid" anything. The deputies had earned their time off. The benefits they received were therefore their own property, not extra amounts out of the County's pocket.…

2Cases cited7 opinions

  1. Bruno v. Milwaukee CountyWisconsin Supreme Court · 2003
  2. Lambrecht v. Estate of KaczmarczykWisconsin Supreme Court · 2001
  3. State v. FranklinWisconsin Supreme Court · 2004
  4. Hoffman v. Ralston Purina Co.Wisconsin Supreme Court · 1979
  5. Salveson v. Douglas CountyWisconsin Supreme Court · 2001

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3Cited by1 opinion

  1. Brahm, Natalie v. Hospital Sisters Health SystemDistrict Court, W.D. Wisconsin · 2024

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