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MARTIN v. U.S.D. NO. 233

No. 80-51826-A

5 Kan. App. 2d 298 (1980)

615 P.2d 168

FRANKLIN D. MARTIN, Appellant, v. UNIFIED SCHOOL DISTRICT No. 233, MILLERS MUTUAL INSURANCE COMPANY, and KANSAS WORKMEN'S COMPENSATION FUND, Appellees.

Court of Appeals of Kansas.

Opinion filed August 15, 1980.

Attorney(s) appearing for the Case

Dan L. Smith, of Oliver, Smith & Oliver, of Overland Park, for the appellant.

David K. Fromme, of Weeks, Thomas, Lysaught & Mustain, Chartered, of Overland Park, for the appellees.

Before FOTH, C.J., PARKS and SWINEHART, JJ.

PARKS, J.:

This is an appeal from a workmen's compensation proceeding.

The claimant, Franklin Martin, was employed by Unified School District No. 233 as a custodian. It is undisputed that Martin had experienced problems with his lower back since 1966 and had injured it specifically in 1967, 1970 and 1974. The present injury was sustained May 28, 1976, after claimant pulled into the parking lot of the Fairview School and parked his truck. He described the incident...

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