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Employer Cannot Get Credit for Future Medical Unless 3rd Party Damages Say So

By Emily Brill (Reporter)

Wednesday, September 20, 2017 | 810 | 0 | 51 min read

When an injured worker prevails in a third-party lawsuit in Kansas, his employer cannot draw from his award to pay for future medical care unless the award specifically sets aside money for that purpose, the Court of Appeals has decided. The state's appellate court published its opinion in Henson and Belger v. Davis on Monday in the wake of the Supreme Court's decision to not review the case. In siding with equipment hauler Andrew Henson, the court opted to follow precedent set by Wishon v. Cossman (1999), a Supreme Court decision holding that an employer's subrogation interest a...

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