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TABER v. TOLE LANDSCAPE CO.

No. 42,435

188 Kan. 312 (1961)

362 P.2d 17

MARION A. TABER, Appellant, v. WILLIAM TOLE, d/b/a TOLE LANDSCAPE COMPANY, and CENTRAL SURETY AND INSURANCE CORPORATION, Appellees.

Supreme Court of Kansas.

Opinion filed May 13, 1961.

Attorney(s) appearing for the Case

Otto J. Koerner, of Wichita, argued the cause and was on the brief for the appellant.

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

The opinion of the court was delivered by

PRICE, J.:

This is a workmen's compensation case, and the appeal is by claimant from an award made pursuant to a hearing under the review and modification statute (G.S. 1959 Supp. 44-528).

On August 2, 1955, claimant suffered a heatstroke while working as a laborer for respondent landscape company. Both the commissioner and the district court held that his injury was compensable, and the original award, dated...

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