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AYCOX v. NATIONAL CARRIERS, INC.

No. 73,214

21 Kan. App. 2d 665 (1995)

DANNY AYCOX, Claimant/Appellee, v. NATIONAL CARRIERS, INC., Respondent/Appellant, and LUMBERMEN'S UNDERWRITING ALLIANCE, Insurance Carrier/Appellant, and THE KANSAS WORKERS COMPENSATION FUND, Appellee.

Court of Appeals of Kansas.

Opinion filed November 17, 1995.

Attorney(s) appearing for the Case

Shirla R. McQueen and Kerry McQueen, of Sharp, McQueen, McKinley, Dreiling & Morain, P.A., of Liberal, for appellants.

Cortland Q. Clotfelter, of Johnson & Kennedy, of Wichita, for appellee the Kansas Workers Compensation Fund.

Before BRAZIL, C.J., ELLIOTT, J., and DEAN J. SMITH, District Judge Retired, assigned.

ELLIOTT, J.:

Danny Aycox was injured while working for National Carriers, Inc. (NCI). The administrative law judge (ALJ) awarded benefits and found the Workers Compensation Fund (Fund) was liable for payment because Aycox's morbid obesity contributed to the injury and was a handicap. On review, the Workers Compensation Board (Board) reversed that portion of the ALJ's decision allocating liability to the Fund. NCI and its carrier appeal and we affirm.

NCI rehired...

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