BARNCORD v. KANSAS DEPT. OF TRANSPORTATION

No. 51,372

4 Kan. App. 2d 368 (1980)

606 P.2d 501

SHIRLEY A. BARNCORD, Dependent Widow of Elmer E. Barncord, Jr., Deceased, on behalf of herself and as Mother, Natural Guardian and Next Friend of ELMER E. BARNCORD III, and LORI ANN BARNCORD, Minor Dependent Children of Elmer E. Barncord, Jr., Deceased, Claimants-Appellants, v. KANSAS DEPARTMENT OF TRANSPORTATION and STATE SELF-INSURANCE FUND, Respondent and Self-Insured-Appellees, and WORKMEN'S COMPENSATION FUND, Appellee. Affirmed , (1980).

Court of Appeals of Kansas.

Opinion filed February 15, 1980.


Attorney(s) appearing for the Case

Reginald LaBunker, of McCullough, Wareheim & LaBunker, of Topeka, and John M. Ostrowski, of Lawrence, for claimants-appellants.

John C. Peterson, of Topeka, for respondent and self-insured-appellees, and Michael J. Unrein, of Davis, Unrein & Hummer, of Topeka, for Workmen's Compensation Fund, appellee.

Before PARKS, P.J., ABBOTT and SWINEHART, JJ.


ABBOTT, J.:

This is a workers' compensation case. The real issue presented in this appeal involves the question of whether pursuant to a settlement agreement there can be compensation due a claimant when no award for compensation had been entered prior to the death of claimant from causes unrelated to the injury under consideration.

The appellants are the widow and children (sole heirs) of the deceased claimant, Elmer E. Barncord, Jr. The claimant sustained...

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