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GAWITH v. GAGE'S PLUMBING & HEATING CO., INC.

No. 46,084

206 Kan. 169 (1970)

476 P.2d 966

RICHARD GAWITH (Claimant) Appellant, v. GAGE'S PLUMBING AND HEATING CO., INC. (Respondent) and ALLIANCE MUTUAL CASUALTY COMPANY (Insurance Carrier), Appellees.

Supreme Court of Kansas.

Opinion filed November 7, 1970.

Attorney(s) appearing for the Case

George E. McCullough, of McCullough, Parker, Wareheim, LaBunker and Rose, of Topeka, argued the cause and was on the brief for the appellant.

James P. Mize, of Clark, Mize, Graves, Linville and Miller, Chartered, of Salina, argued the cause and was on the brief for the appellees.

The opinion of the court was delivered by

SCHROEDER, J.:

The sole question involved in this workmen's compensation action is whether the provisions of K.S.A. 1967 Supp. 44-556, which authorize the district court in a workmen's compensation proceeding to try the case de novo on the record and to render such judgment thereon as justice may require, violate the constitutional separation of powers doctrine.

Richard Gawith (claimant-appellant) sustained...

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