Kottka v. PPG Industries, Inc.

Janet Kottka, the wife of the injured (now deceased) employe, William Kottka, appeals. She asks this court to determine whether the circuit court properly applied sec. 102.29(1), Stats., of the Worker's Compensation Act. Section 102.29(1) provides for the allocation of the proceeds of the settlement of a third party tort action. The statute directs how the proceeds are allocated between the person receiving the proceeds from a third party and the employer or the compensation insurer.

The circuit court set aside the formula for allocation provided in sec. 102.29(1), Stats., and approved an…