Stolper v. Owens-Corning Fiberglas Corp.

The issue presented by this appeal is whether a worker's compensation carrier is entitled to allocation, under section 102.29(1), Stats., of money recovered in a wrongful-death action brought on behalf of the deceased worker to whom it made worker's compensation payments. We conclude that allocation is mandated by statute.

I

Kenneth J. Stolper, an insulation worker, died in 1988 as the result of an asbestos-exposure illness. Employers Insurance of Wausau, the worker's compensation carrier for Stolper's employer, paid Stolper's disability and death benefits, as well as his medical, hospital, and…