LEE v. BOEING CO.

No. 71,838

21 Kan. App. 2d 365 (1995)

ANTHONY K. LEE, Claimant/Appellee/Cross-Appellant, v. THE BOEING COMPANY — WICHITA, Respondent/Appellant/Cross-Appellee, and AETNA CASUALTY & SURETY COMPANY, Insurance Carrier/Appellant/Cross-Appellee, and WORKERS COMPENSATION FUND.

Court of Appeals of Kansas.

Opinion filed July 28, 1995.


Attorney(s) appearing for the Case

Frederick L. Haag and Stephen M. Kerwick, of Foulston & Siefkin, of Wichita, for appellants.

Michael L. Snider, of Snider & Seiwert, L.L.C., of Wichita, for appellee.

Before BRAZIL, C.J., LARSON, J., and DANIEL L. LOVE, District Judge, assigned.


BRAZIL, C.J.:

The Boeing Company — Wichita (Boeing) and Aetna Casualty & Surety Company appeal the Workers Compensation Board's (Board) determination that Anthony K. Lee had suffered a 37 percent work disability. Boeing argues that once the presumption of no work disability applies, it cannot be rebutted by evidence of a subsequent layoff. Lee cross-appeals, arguing that the evidence warrants a higher work disability rating. We affirm.

Lee worked...

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