Dalka v. American Family Mutual Insurance, 799 N.W.2d 923

Dalka received worker's compensation benefits for his workplace injuries from Zurich American Insurance Company.
A second non-work-related motor vehicle accident led to additional injuries; Zurich was not involved in that case.
Dalka filed tort actions against drivers of other vehicles in both accidents; the insurer joined the first case.
Before trial, the driver/insurer offered a total settlement of $8,500 for both cases; Dalka refused.
The circuit court, noting the offer value exceeded the case value, compelled Dalka to accept under Wis. Stat. § 102.29(1); Dalka appealed.
The court ultimately affirmed the order, applying Bergren v. Staples to hold that the settlement-authorization and waiver provisions apply to either plaintiff.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether § 102.29(1) waives the right to jury trial.	Dalka argues the statute violates the Wisconsin Constitution by depriving him of a jury trial.	Zurich defends that the statute creates a contractual waiver among employees and insurers.	Waiver of jury trial is authorized under Bergren; no constitutional violation.

Bergren v. Staples, 263 Wis. 477 (Wis. 1953) (insurer may seek settlement and waiver applies to both insurer and employee)
Campion v. Montgomery Elev. Co., 172 Wis. 2d 405 (Ct. App. 1992) (rights under § 102.29(1) are distinct from subrogation; employee not required to be a party)
Threshermens Mut. Ins. Co. v. Page, 217 Wis. 2d 451 (Wis. 1998) (insurer can recover for employee's pain and suffering; rights under act exist)
Huebner, 2000 WI 59 (Wis. 2000) (issues must be preserved for appellate review; forfeiture rule discussed)
Cook v. Cook, 208 Wis. 2d 166 (Wis. 1997) (courts bound by Bergren interpretation and related principles)