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HELMS v. PENDERGAST

No. 72,665

21 Kan. App. 2d 303 (1995)

KENNETH HELMS, Appellee, v. PAT PENDERGAST and BILL SIXTA d/b/a PENDERGAST GROUP, Appellees, and KANSAS WORKERS COMPENSATION FUND, Appellant.

Court of Appeals of Kansas.

Opinion filed July 14, 1995.

Attorney(s) appearing for the Case

Paul K. Thoma and Robert D. Benham, of McAnany, Van Cleave & Phillips, P.A., of Kansas City, for the appellant.

John G. O'Connor, of Robb, Taylor and O'Connor, of Kansas City, for the appellee Kenneth Helms.

Before PIERRON, P.J., ELLIOTT, J., and RICHARD W. WAHL, District Judge Retired, assigned.

WAHL, J.:

The Kansas Workers Compensation Fund (the Fund) appeals a Workers Compensation Board (Board) order requiring the Fund to pay the claimant's workers compensation benefits. The Fund alleges the Board was without jurisdiction to enter the order or, in the alternative, there was insufficient evidence to support the order.

On September 14, 1992, Kenneth Helms injured his foot while working for Tony Derewenko...

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