Threshermens Mutual Insurance v. Page

¶ 1. We are faced with one question in this review: Whether the Worker's Compensation Act permits a worker's compensation insurer to assert a claim for an injured worker's pain and suffering in an action against a third party, when the employee has specifically declined to participate in the action? The court of appeals reversed a circuit court order barring the compensation insurer from presenting evidence of the injured worker's pain and suffering.1 We conclude that the Worker's Compensation Act, specifically Wis. Stat. § 102.29(1) (1993-94),2 *456does not prohibit a worker's compensation…