BUSHEY v. PLASTIC FABRICATING CO.

No. 46,967

213 Kan. 121 (1973)

515 P.2d 735

HOMER J. BUSHEY, Appellee, v. PLASTIC FABRICATING COMPANY, Appellant, and/or SECOND INJURY FUND, Appellee, and THE TRAVELERS INSURANCE COMPANY, Appellant.

Supreme Court of Kansas.

Opinion filed November 3, 1973.


Attorney(s) appearing for the Case

David W. Buxton, of Fleeson, Gooing, Coulson and Kitch, of Wichita, argued the cause, and Donald R. Newkirk, of the same firm, was with him on the brief for the appellants, Plastic Fabricating Company and The Travelers Insurance Company.

Carl L. Buck, of Wichita, argued the cause, and was on the brief for the appellee, Second Injury Fund.


The opinion of the court was delivered by

PRAGER, J.:

This is a workmen's compensation appeal. The facts are not in dispute and are essentially as follows: The claimant-appellee, Homer J. Bushey, was employed by the respondent-appellant, Plastic Fabricating Company, as a handicapped worker in 1967. At the time of his employment Bushey had spondylolisthesis, a congenital back deformity. This congenital back deformity was made known to the workmen's compensation...

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