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SPENCER v. DANIEL CONSTR. CO.

No. 50,832

4 Kan. App. 2d 613 (1980)

609 P.2d 687

LESLIE R. SPENCER, SR., Claimant, v. DANIEL CONSTRUCTION COMPANY, Respondent-Appellee, and UNITED STATES FIDELITY & GUARANTY COMPANY, Insurance Carrier-Appellee, and KANSAS WORKMEN'S COMPENSATION FUND, Appellant.

Court of Appeals of Kansas.

Petition for review denied June 20, 1980.

Attorney(s) appearing for the Case

Gary L. Jordan, of Ottawa, for appellant.

J. Eugene Balloun, of Payne & Jones, Chartered, of Olathe, for appellees.

Before FOTH, C.J., ABBOTT and MEYER, JJ.

ABBOTT, J.:

The Kansas Workmen's Compensation Fund (Fund) appeals from an order apportioning the cost of a settlement on the basis of 90 percent against the Fund and 10 percent against the respondent and insurance carrier. The claimant is not involved in this appeal.

The claimant met with personal injury by accident to his lower back on July 30, 1975, and again on August 22, 1975, while working for his employer. The claimant filed two separate claims for compensation...

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