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WALDROUPE v. KELLEY

No. 42,702

189 Kan. 99 (1961)

367 P.2d 77

RALPH FRANK WALDROUPE, Appellant, v. HERBERT KELLEY and MARYLAND CASUALTY COMPANY, Appellees and Cross-Appellants.

Supreme Court of Kansas.

Opinion filed December 9, 1961.

Attorney(s) appearing for the Case

R.L. White, of Pittsburg, argued the cause, and R.L. Letton and J. Curtis Nettels, of Pittsburg, were with him on the briefs for the appellant.

Randall D. Palmer, of Pittsburg, argued the cause, and Paul L. Wilbert and E. Carter Botkin, of Pittsburg, were with him on the briefs for the appellees and cross-appellants.

The opinion of the court was delivered by

WERTZ, J.:

This was a workmen's compensation case in which the claimant (appellant) became totally and permanently disabled while in the employ of respondent (appellee and cross-appellant).

Both the workmen's compensation commissioner and the trial court allowed compensation. The sole question involved in this appeal is the method or formula to be adopted in computing the compensation due claimant.

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