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SIMMONS v. SECURITY NAT'L BANK

No. 57,906

11 Kan. App. 2d 1 (1985)

711 P.2d 757

VERNA E. SIMMONS, Claimant, v. SECURITY NATIONAL BANK, Respondent-Appellant, and CASUALTY RECIPROCAL EXCHANGE, Insurance Carrier-Appellant, and KANSAS WORKERS' COMPENSATION FUND, Appellee.

Court of Appeals of Kansas.

Opinion filed November 21, 1985.

Attorney(s) appearing for the Case

Thomas R. Buchanan, of Shook, Hardy & Bacon, of Overland Park, for the appellants.

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

Before ABBOTT, C.J., BRISCOE, J., and STEVEN P. FLOOD, District Judge, assigned.

FLOOD, J.:

The sole issue in this appeal is an award of attorney fees by the district court to the Workers' Compensation Fund under K.S.A. 1984 Supp. 44-566a(f). The respondent and insurance carrier (appellants) contend such an award is proper only where the district court has determined that joining the Fund was frivolous. The district court did find that the decision to join the Fund was frivolous but appellants contend this finding cannot be supported by the evidence...

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