Brabander v. Western Cooperative Electric

The opinion of the court was delivered by

McFarland, J.:

In this appeal, a single narrow issue of statutory interpretation is raised. Specifically, does K.S.A. 1990 Supp. 44-504(d) require the trial court to reduce an employer’s workers compensation subrogation interest: (1) by the percentage of fault attributed to the employer by the factfinder; or (2) by the percentage of the damage award itself attributable to the employer’s negligence? The trial court interpreted K.S.A. 1990 Supp. 44-504(d) to require the employer’s subrogation to be reduced by the percentage of fault attributed to the…