Heimerman v. Rose

The opinion of the court was delivered by Beier, J.:

**710 Daniel Heimerman was killed in a car accident while acting within the course and scope of his employment. As a result, Daniel's wife, Pamela, received workers compensation death benefits. By operation of law, an employer who pays workers compensation benefits receives subrogation rights and a statutory lien against any third-party recovery by the recipients of the workers compensation benefits.

Pamela participated in two wrongful death cases stemming from Daniel's death, both of which were based on the Kansas wrongful death statute. She…