Elliott v. Employers Mutual Casualty Co.

This is a third-party liability action pursuant to sec. 102.29(1), Stats., of the Worker's Compensation Act. The statute recognizes the right of an employee, an employer, or a compensation insurance carrier (an interested party) to make a claim or institute an action in tort against a third party. The statute also provides a notice mechanism whereby all interested parties may join in the making of the claim or the instituting of the action. The appellate issue is whether the statute requires "reciprocal" notice between the interested parties. We hold that it does not. Therefore, we affirm the…