Schmidt v. Trademark, Inc.

Summary

The court held that the Kansas Workers Compensation Fund may seek reimbursement from a general contractor that is a statutory employer of an injured worker, even when the immediate subcontractor was the employer whose lack of insurance triggered the Fund's payment obligation. The court also held that the governing statute does not authorize recovery of the Fund's attorney fees because it does not clearly and specifically mention attorney fees. The court affirmed the Court of Appeals and district court on both issues.