ROELFS v. WALLINGFORD, INC.

No. 46,306

207 Kan. 804 (1971)

486 P.2d 1371

LINDA KANNARD ROELFS, Appellee, v. SAM P. WALLINGFORD, INC., and MICHIGAN MILLERS MUTUAL INSURANCE COMPANY, Appellants.

Supreme Court of Kansas.

Opinion filed July 16, 1971.


Attorney(s) appearing for the Case

Byron Brainerd, of Weigand, Curfman, Brainerd, Harris and Kaufman, of Wichita, argued the cause and was on the brief for the appellants.

Kenneth E. Peirce, of Hodge, Reynolds, Smith, Peirce and Forker, of Hutchinson, argued the cause and was on the brief for appellee.

Hal Des Jardin, attorney for the state department of social welfare, argued the cause on behalf of Mary Anne Kannard, a minor.


The opinion of the court was delivered by

HARMAN, C.:

Two separate issues are presented in this appeal in a workmen's compensation proceeding.

The first is the familiar question of the relationhip between the workman and the respondent at the time of the former's fatal injury — Was the workman respondent's employee, or was he an independent contractor? The second issue, if the death be found to be compensable, involves the effect of judicial...

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