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JURADO v. POPEJOY CONSTR. CO.

No. 68,212

253 Kan. 116 (1993)

853 P.2d 669

ROSA HILDA JURADO, individually, and ROSA HILDA JURADO, as next friend of VONNEIK JURADO, ALLAN FERMIN JURADO, and OMAR JURADO, Appellants, v. POPEJOY CONSTRUCTION COMPANY and AETNA LIFE AND CASUALTY COMPANY, Appellees.

Supreme Court of Kansas.

Opinion filed May 28, 1993.

Attorney(s) appearing for the Case

Richard D. Ralls, of Wirken & King, of Kansas City, Missouri, argued the cause, and Cindy Sesler Ballard and Deborah A. Polk were with him on the briefs for the appellants.

Kendall R. Cunningham, of Hershberger, Patterson, Jones & Roth, of Wichita, argued the cause, and Tamara L. Davis and Michael T. Harris, of the same firm, were on the brief for the appellees:

David O. Alegria, of McCullough, Wareheim & LaBunker, P.A., of Topeka, was on the brief for amicus curiae AFL-CIO.

Kirk W. Lowry, of Palmer & Lowry, of Topeka, was on the brief for amicus curiae Kansas Trial Lawyers Association.

G. Gordon Atcheson, of Blake & Uhlig, P.A., of Kansas City, was on the brief for amicus curiae American Civil Liberties Union.

The opinion of the court was delivered by

DAVIS, J.:

This is a workers compensation appeal involving the constitutionality of a statute limiting nonresident alien dependents' death benefits to $750. Under the Workers Compensation Act, all other dependents' death benefits are fixed in an amount not to exceed $200,000. The trial court upheld the constitutionality of the statute. We reverse and remand for further proceedings consistent with our opinion.

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