Supreme Court Clarifies Calculation of Subrogation Lien

The Kansas Supreme Court ruled that a jury’s fault determination can be used to reduce an employer's subrogation interest against a third-party settlement. Case: Hawkins v. Southwest Kansas Co-Op Service, No. 118,379, 04/02/2021, published. Facts: Hugh Hawkins worked for the Southwest Kansas Co-Op Service as a millwright. In 2006, he fell from a "man basket" suspended about 65 feet in the air when the hydraulics failed on a boom crane. Southwest had workers’ compensation insurance with the Travelers Indemnity Co. Travelers accepted liability for permanent total dis...