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CODY v. JAYHAWK PIPELINE CORPORATION

No. 48,656

222 Kan. 491 (1977)

565 P.2d 264

CHARLES K. CODY, Appellee, v. JAYHAWK PIPELINE CORPORATION, Appellee, HARTFORD ACCIDENT & INDEMNITY COMPANY, Appellee, and WORKMEN'S COMPENSATION FUND, for the STATE OF KANSAS, Appellant.

Supreme Court of Kansas.

Opinion filed June 11, 1977.

Attorney(s) appearing for the Case

Harold K. Greenleaf, Jr., of Smith, Greenleaf & Brooks, of Liberal, argued the cause and was on the brief for the appellant.

Kerry McQueen, of Vance, Hobble, Neubauer, Nordling, Sharp & McQueen, P.A., of Liberal, argued the cause and was on the brief for the appellees, Jayhawk Pipeline Corporation and Hartford Accident & Indemnity, Company.

The opinion of the court was delivered by

OWSLEY, J.:

This is an appeal by the Second Injury Fund (now workmen's compensation fund, see K.S.A. 1976 Supp. 44-566a) in a workmen's compensation case challenging an apportionment of the award attributing sixty percent of the claimant's twenty-five percent permanent partial disability to the Second Injury Fund pursuant to K.S.A. 44-567 (a) (2) (now K.S.A. 1976 Supp. 44-567 [a] [2]).

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