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KINDEL v. FERCO RENTAL, INC.

No. 72,501

258 Kan. 272 (1995)

DONALD LEO KINDEL (Deceased), Appellee, v. FERCO RENTAL, INC., and WAUSAU INSURANCE COMPANIES, Appellants.

Supreme Court of Kansas.

Opinion filed August 4, 1995.

Attorney(s) appearing for the Case

John W. Mize, of Clark, Mize & Linville, Chartered, of Salina, argued the cause and was on the brief for appellants.

Robert G. German, of Salina, argued the cause, and James D. Sweet, of Sweet & Sheahon, of Salina, was with him on the brief for appellee.

The opinion of the court was delivered by

LOCKETT, J.:

A worker was killed on his return trip home from work. The worker's surviving spouse and minor children claimed death benefits. The Administrative Law Judge (ALJ) denied their claim, finding that the worker had abandoned his employment and therefore the accident did not arise out of and in the course of his employment. On review, the Workers Compensation Board...

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