JUSTYNA v. LOGAN CONSTR. CO.

No. 57,384

10 Kan. App. 2d 249 (1985)

696 P.2d 977

PAUL JUSTYNA, Appellant, v. LOGAN CONSTRUCTION COMPANY, BITUMINOUS CASUALTY COMPANY, and WORKERS' COMPENSATION FUND, Appellees.

Court of Appeals of Kansas.

Opinion filed March 21, 1985.


Attorney(s) appearing for the Case

John M. Ostrowski, of McCullough, Wareheim & LaBunker, of Topeka, for the appellant.

Mark E. Kolich, of Mustain & Newman, Chartered, of Kansas City, for the appellees Logan Construction Company and Bituminous Casualty Company.

Chris Miller, staff attorney, and Brock R. McPherson, of McPherson, Bauer, Pike & Pike, Chtd., of Great Bend, for the appellee Workers' Compensation Fund.

Before FOTH, C.J., SWINEHART and BRISCOE, JJ.


Petition for review denied 237 Kan. 887.

FOTH, C.J.:

In this workers' compensation case the issue is how to compute the worker's "average weekly wage" where the employer is a closely held corporation partially owned by the claimant, which actually pays a lower wage than that nominally called for by the employment contract. The administrative law judge, the director, and the trial court all held that the worker's "wage" was the amount actually received rather...

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