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McGRANAHAN v. McGOUGH

No. 63,999

249 Kan. 328 (1991)

820 P.2d 403

HAROLD McGRANAHAN, Appellee, v. DONALD W. McGOUGH and UMTHUN TRUCKING COMPANY, Defendants, and BETTIS ASPHALT and CONSTRUCTION, INC., and NATIONAL INDEMNITY COMPANY, Intervenors/Appellants.

Supreme Court of Kansas.

Opinion filed October 25, 1991.

Attorney(s) appearing for the Case

Steve R. Fabert, of Fisher, Patterson, Sayler & Smith, of Topeka, argued the cause, and Ronald J. Laskowski, of the same firm, was with him on the brief for intervenors/appellants.

Kevin L. Diehl, of Ralston, Buck, Hayden & Diehl, of Topeka, argued the cause and was on the brief for appellee.

John M. Ostrowski, of McCullough, Wareheim & LaBunker, P.A., of Topeka, was on the brief for amicus curiae Kansas AFL-CIO.

The opinion of the court was delivered by

ABBOTT, J.:

This is a subrogation case wherein the employer and its insurance carrier are seeking to recover workers compensation benefits paid to an injured worker for injuries caused by a third-party tortfeasor. The third party settled with the injured employee. This appeal involves whether the employer and its insurance carrier are entitled to recover part of the settlement as subrogation for workers compensation...

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