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Case Citations [i] (Spring 2026)

handle is hein.ali/relwsec0599 and id is 1 raw text is: THE AMERI CAN LAW INSTITUTE Spring 2026 Citations SECURITY DIVISION II. SURETYSHIP CHAPTER 5. SURETY AND CREDITOR § 141. Subrogation Kan.App.2025. Cit. in sup. Employee who reached a settlement with employer and its workers compensation insurer in connection with a back injury, and then settled a separate third-party medical- malpractice claim related to damages from a delayed cauda equina syndrome diagnosis, filed a post- award application for workers compensation benefits related to his work injury. The workers compensation board found that, under Kansas law, insurer had a subrogation lien against employee's entire third-party medical-malpractice settlement. This court reversed and remanded, holding that the relevant Kansas statute only permitted an employer to obtain a subrogation lien on a claimant's third- party recovery to the extent that the recovery duplicated an award paid or owed by the employer under the Worker's Compensation Act. The court cited Restatement of Security § 141 in explaining that, because an essential element of subrogation was avoiding two parties paying for the same injury, an employer's obligation for workers compensation benefits could not be reduced by amounts the employee received for other unrelated injuries or conditions. Rumbaugh v. DirecTV, 564 P.3d 17, 26. COPYRIGHT C2026 By THE AMERICAN LAW INSTITUTE All rights reserved Printed in the United States of America For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.