COLLINS v. CHERRY MANOR CONVALESCENT CENTER

No. 52,686

7 Kan. App. 2d 270 (1982)

640 P.2d 875

NORMA C. COLLINS, Claimant, v. CHERRY MANOR CONVALESCENT CENTER, and AETNA LIFE AND CASUALTY COMPANY, Respondent and Insurance Carrier, Appellees, and KANSAS WORKMEN'S COMPENSATION FUND, Appellant.

Court of Appeals of Kansas.

Opinion filed February 11, 1982.


Attorney(s) appearing for the Case

J. Paul Maurin, III, of Kansas City, for the appellant.

J. Eugene Balloun, of Balloun & Bodinson, Chartered, of Olathe, for the appellees.

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


FOTH, C.J.:

This is a dispute between the Workmen's Compensation Fund and an employer and its insurance carrier over who should pay benefits to a worker with a conceded job-related disability. The Fund appeals from the assessment of 90% of the claimant's benefits to it on a finding by the trial court that claimant had "knowingly misrepresented" herself as not having a handicap.

Aside from the critical "knowing misrepresentation" finding, the facts are largely...

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