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MYERS v. INDIAN CREEK WOODS TOWNHOMES ASS'N

No. 73,990.

22 Kan. App.2d 627 (1996)

920 P.2d 472

RAYMOND I. MYERS III, Claimant/Appellant, v. INDIAN CREEK WOODS TOWNHOMES ASSOCIATION I, Respondent/Appellee, and KANSAS WORKERS COMPENSATION FUND, Appellee.

Court of Appeals of Kansas.

Opinion filed July 26, 1996.

Attorney(s) appearing for the Case

Richard H. Wagstaff III, of Slagle, Bernard & Gorman, P.C., of Kansas City, Missouri, for claimant/appellant.

Mark C. Owens, of Bennett, Lytle, Wetzler, Martin & Pishny, L.C., of Prairie Village, for respondent/appellee.

Robert L. Kennedy, of Holbrook, Heaven & Fay, P.A., of Kansas City, for appellee Kansas Workers Compensation Fund.

Before GREEN, P.J., RULON, J., and DANNY D. BOYER, District Judge, assigned.

GREEN, J.:

Raymond I. Myers III appeals from a decision of the Workers Compensation Board (Board). On appeal, Myers contends that the Board incorrectly determined that Indian Creek Townhomes Association I (ICTA) was not subject to the Workers Compensation Act (Act). We disagree and affirm the judgment of the Board.

Myers was severely injured in the spring of 1989 when a fence he was climbing collapsed. The fence was located on the property of his employer...

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