'One Action' Rule Barred Request for Apportionment by Worker's Widow

The Kansas Supreme Court ruled that a state trial judge could not issue a ruling that declared portions of a widow’s recovery from a third-party tortfeasor off-limits to a subrogation claim. Case: Heimerman v. Rose, No. 114,890, 04/06/2018, published. Facts and procedural history: Daniel Heimerman worked for Northern Clearing Inc. The 58-year old father was killed in a car accident in August 2013. Heimerman’s widow filed a claim for workers’ compensation death benefits. She received a lump sum of $40,000 and burial expenses of $5,000. The widow also began receiving a ...