Supreme Court Clarifies Calculation of Employer's Responsibility for Pro Rata Share of Fees

The Kentucky Supreme Court ruled that an employer’s responsibility for attorney fees incurred by a worker who pursued a third-party claim is initially subtracted from the amount available in subrogation from the amount the worker recovers, and that the employer is entitled to immediate recoupment of benefits already paid. Case: K-VA-T Food Stores Inc. v. Blackburn, No. 2025-SC-0335-WC, 08/20/2026, published. Facts: Chantella Blackburn worked for K-VA-T Food Stores. She suffered work-related injuries in February 2022 when she fell from a stepladder onto a third-party vendor’s cart...