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ELDER v. ARMA MOBILE TRANSIT CO.

No. 69,238

253 Kan. 824 (1993)

861 P.2d 822

DAVID WAYNE ELDER, Deceased, Claimant-Appellant, v. ARMA MOBILE TRANSIT CO. and PARKVIEW HOUSING, INC., Respondents-Appellees, and AETNA CASUALTY & SURETY COMPANY, Insurance Carrier-Appellee.

Supreme Court of Kansas.

Opinion filed October 29, 1993.

Attorney(s) appearing for the Case

Timothy A. Short, of Spigarelli, McLane & Short, of Pittsburg, argued the cause and was on the brief for appellant.

Michael T. Harris, of Hershberger, Patterson, Jones & Roth, L.C., of Wichita, argued the cause, and Tamara L. Davis, of the same firm, was with him on the brief for appellees.

The opinion of the court was delivered by

LOCKETT, J.:

David Wayne Elder, an employee covered by workers compensation, was fatally injured. On appeal only the calculation of the average weekly wage is at issue. The Administrative Law Judge (ALJ), the Director of Workers Compensation (Director), and the district court found that K.S.A. 1992 Supp. 44-511(b)(5) requires the weeks an employee could have worked but did...

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