Diedrick v. Hartford Accident & Indemnity Co.

The twin issues presented are whether the compensation carrier’s attorney’s fee was properly included as a cost of collection of the entire award, and whether the allocation of attorneys’ fees, representing costs of collection, as between plaintiffs’ attorney and the insurer’s attorney was fair and reasonable.

Distribution of 'proceeds.

The trial court approved the settlement and entered its order for distribution of proceeds “under Wis. Stat. Sec. 102.29 (1).” As to distribution of proceeds, that statute provides (relevant portions italicized) as follows:

“102.29 Third party liability. (1) The…