Racine Steel Castings v. Hardy

John R. Hardy appeals from a judgment declaring sec. 102.29(3), Stats., 1 of the worker’s compensation laws unconstitutional insofar as it precludes an employer or its compensation insurer from sharing in the proceeds of a medical malpractice claim against a physician, chiropractor, or podiatrist. The declaratory judgment was entered in a lawsuit brought by Hardy’s employer, Racine Steel Castings (Racine Steel). Because we conclude that the limited application of sec. 102.29(3) to claims against physicians, chiropractors, and podiatrists is violative of equal protection of the law, we affirm…