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Case Citations [1] (July 2017 through April 2018)

handle is hein.ali/relwsec0587 and id is 1 raw text is: SECURITY DIVISION II. SURETYSHIP CHAPTER 5. SURETY AND CREDITOR § 141. Subrogation Kan.App.2017. Subsec. (a) quot. in sup. After employee who was injured in a workplace accident obtained a jury award for medical malpractice against treating physician, employer sought a lien against the award for payments it had made for employee's disability benefits and medical expenses, as well as a credit against any future medical expenses it might have to pay. The trial court denied in part employer's request. This court affirmed, holding that employer was not entitled to a credit against future medical expenses, because employee did not request and was not awarded future medical expenses in the underlying medical-malpractice suit. The court cited Restatement of Security § 141 in support of its conclusion that traditional subrogation concepts would not give employer any subrogation recovery for future medical expenses, because physician did not pay employee any sum for future medical expenses, and thus, employer's payment of future medical expenses could not contribute to physician's satisfaction of his obligation to employee. Henson v. Davis, 402 P.3d 1161, 1167. A Ia w For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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