Berna-Mork v. Jones

Lumbermen's Mutual Casualty Company appeals from a judgment dismissing its complaint against West Bend Mutual Insurance Company. The issue is whether a worker's compensation carrier has the right to reimbursement for benefits it paid to an employee when reimbursement is sought from the uninsured motorist coverage available to the employee as an additional insured. We conclude that a compensation carrier does not have that right because the employee's *663right to uninsured motorist coverage is contractual. We therefore affirm.

Section 102.29(1), Stats., provides in material part:

The making of a…