Anderson v. National Carriers, Inc.

The opinion of the court was delivered by

Miller, J.:

This is an appeal by National Carriers, Inc., and Travelers Insurance Company, a workers’ compensation insurance carrier and lien intervenor, from the judgment of the District Court of Seward County, Kansas, which reduced the amount of the insurer’s subrogation lien by the percentage of fault attributed to the plaintiff s employer. The basic issue concerns the applicability of the 1982 amendment to K.S.A. 44-504 to the insurer’s subrogation rights. The injury occurred before the amendment, and recovery by the worker against the negligent…