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SCOTT v. WOLF CREEK NUCLEAR OPERATING CORP.

No. 74,310.

23 Kan. App.2d 156 (1996)

928 P.2d 109

SANDRA L. SCOTT and JOHN WAYNE SCOTT, Individually; SANDRA L. SCOTT, Natural Mother and Next Friend of THOMAS RICHARD SCOTT; the Heirs-at-Law of GARY R. SCOTT, Deceased; and SANDRA L. SCOTT, Administratrix of the Estate of GARY R. SCOTT, Deceased, Appellants, v. WOLF CREEK NUCLEAR OPERATING CORP., STEPHEN E. HOCH, P.A., KEITH W. CLEMENTS, P.A., and NELSON P. WHITE, M.D., Appellees.

Court of Appeals of Kansas.

Opinion filed December 13, 1996.

Attorney(s) appearing for the Case

Randall E. Fisher, of Law Offices of Randall E. Fisher, of Wichita, and Christopher P. Christian and Derek S. Casey, of Hutton & Hutton, of Wichita, for appellants.

Richard C. Hite and F. James Robinson, Jr., of Kahrs, Nelson, Fanning, Hite & Kellogg, of Wichita, for appellees.

Before ELLIOTT, P.J., PIERRON, J., and MARLA J. LUCKERT, District Judge, assigned.

ELLIOTT, J.:

At issue in this case is whether the exclusive remedy provision of the Workers Compensation Act bars a civil suit against an employer and coemployees for the negligent treatment of a heart attack, even though the heart attack itself is not compensable under workers compensation. The district court found that workers compensation was the exclusive remedy, and we affirm.

Gary Scott suffered a heart attack while working at Wolf Creek Nuclear Power...

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