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OURS v. LACKEY

No. 46,884

213 Kan. 72 (1973)

515 P.2d 1071

DUANE F. OURS, Appellee, v. ARTHUR W. LACKEY, d/b/a LACKEY CONSTRUCTION COMPANY, and TRI-STATE INSURANCE COMPANY, Appellants.

Supreme Court of Kansas.

Opinion filed November 3, 1973.

Attorney(s) appearing for the Case

Kenneth E. Peirce, of Hutchinson, argued the cause, and Frank S. Hodge, H. Newlin Reynolds, Dennis O. Smith and Dan W. Forker, Jr., of Hutchinson, were with him on the brief for the appellants.

Abraham Weinlood, of Weinlood, Cole, Oswalt & Shaffer, of Hutchinson, argued the cause, and was on the brief for the appellee.

The opinion of the court was delivered by

SCHROEDER, J.:

This is an appeal by the respondent and its insurance carrier in a workmen's compensation case challenging an award of compensation to the claimant.

The primary question presented is whether a timely written claim was made by the injured workman.

On March 4, 1969, Duane F. Ours (claimant-appellee) worked as a foreman for Lackey Construction Company. That day while installing some pipe...

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