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DRAKE v. STATE DEPARTMENT OF SOCIAL WELFARE

No. 46,585

210 Kan. 197 (1972)

499 P.2d 532

AVIS F. DRAKE, Widow of Darrell A. Drake, Deceased, Appellee, v. STATE DEPARTMENT OF SOCIAL WELFARE — LARNED STATE HOSPITAL, Appellant.

Supreme Court of Kansas.

Opinion filed July 19, 1972.

Attorney(s) appearing for the Case

Hal E. DesJardins, of Topeka, argued the cause, and Woody D. Smith, of Topeka, was with him on the brief for the appellant.

Dan E. Turner, of Turner and Balloun, Chartered, of Great Bend, argued the cause, and J. Eugene Balloun, Lee Turner and Mary A. Senner, of the same firm, and the firm of Smith and Burnett, of Larned, were with him on the brief for the appellee.

The opinion of the court was delivered by

SCHROEDER, J.:

This is an appeal in a workmen's compensation case by the State Department of Social Welfare, the self-insured respondent, from an award to the widow and sole dependent of the deceased workman.

The only points presented on appeal are whether the trial court erred in finding (a) that the deceased workman sustained personal injury by accident arising out of and in the course of his employment...

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