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KANSAS WKRS. COMPENSATION FUND v. W.F. ANDERSON

No. 64,860

14 Kan. App. 2d 755 (1990)

798 P.2d 949

KANSAS WORKERS COMPENSATION FUND, Appellant, v. W.F. ANDERSON CO. AND BITUMINOUS INSURANCE CO., Appellee.

Court of Appeals of Kansas.

Opinion filed September 28, 1990.

Attorney(s) appearing for the Case

W. Robert Alderson, of Alderson, Alderson, Montgomery & Newbery, of Topeka, for the appellant.

Mark E. Kolich, of Mustain, Higgins, Kolich, Lysaught & Tomasic, Chartered, of Kansas City, for the appellees.

Before BRAZIL, P.J., RULON and LEWIS, JJ.

LEWIS, J.:

The Kansas Workers Compensation Fund (Fund) appeals the decision of the district court apportioning a settled compensation award between the Fund and the respondent.

This is the second occasion we have confronted an appeal in this particular workers compensation claim. On the first appeal, we reversed the district court and, after our review on this second occasion, we have no choice but to reverse again.

The claimant is not a party to this...

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