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RAZO v. ERMAN CORP.

No. 50,883

4 Kan. App. 2d 473 (1980)

608 P.2d 1025

ALFREDO ALEJANDRE RAZO, Appellee, v. ERMAN CORPORATION, INC., and CONTINENTAL NATIONAL AMERICAN INSURANCE GROUP, Appellants, and THE KANSAS WORKMEN'S COMPENSATION FUND, Appellee.

Court of Appeals of Kansas.

Petition for review granted June 26, 1980.

Attorney(s) appearing for the Case

J. Nick Badgerow and Thomas M. Van Cleave, Jr., of McAnany, Van Cleave & Phillips, of Kansas City, for appellants.

Thomas A. Hamill, of Hamill, Lentz, Neill & Dwyer, of Shawnee Mission, for appellee Workmen's Compensation Fund.

Before SWINEHART, P.J., REES and SPENCER, JJ.

REES, J.:

This is a worker's compensation proceeding in which there has been an award for nonscheduled injury. The claimant had a preexisting physical impairment as the result of a prior industrial injury in 1970. The present award is the result of a second accident arising out of and in the course of claimant's employment in 1975. The district court ordered the Workmen's Compensation Fund to pay 25% of the cost of the award and the employer to pay 75% of that cost...

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