A divided Wisconsin Supreme Court on Tuesday ruled that an injured worker can be forced to accept the settlement of a third-party tort claim if his employer's workers' compensation carrier wishes to settle.
Under Wisconsin law, the court explained, an insurance carrier and worker share the right to sue a culpable third party for conduct that has resulted in the worker's injury, and both have an "equal voice" in the prosecution of the claim.
If the worker and carrier can't agree how to proceed, the court said, then the trial judge presiding over the third-party actio...
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