McIVER v. STATE HIGHWAY COMMISSION

No. 44,795

198 Kan. 678 (1967)

426 P.2d 118

OSCAR L. McIVER, Appellee, v. STATE HIGHWAY COMMISSION OF KANSAS, Appellant.

Supreme Court of Kansas.

Opinion filed April 8, 1967.


Attorney(s) appearing for the Case

John A. McKinnon, Assistant Attorney, argued the cause, and John H. Morse, Chief Attorney and John J. Mendive, Assistant Attorney, all attorneys for the State Highway Commission, were with him on the briefs for the appellant.

George E. McCullough, of Topeka, argued the cause, and W.L. Parker, Jr., Robert B. Wareheim, Reginald LaBunker and James L. Rose, all of Topeka, were with him on the briefs for the appellee.


The opinion of the court was delivered by

HATCHER, C.:

This appeal stems from a claim for workmen's compensation benefits as the result of an aggravated heart condition.

The claimant, 65 years of age, was a maintenance employee of the respondent, the State Highway Commission of Kansas. He was engaged in his employment at the time of the alleged heart injury and both parties were governed by the Workmen's Compensation Act.

The claimant had noticed...

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