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GADBERRY v. R.L. POLK & CO.

No. 77,312 .

25 Kan. App.2d 800 (1998)

975 P.2d 807

VALERIE GADBERRY, Claimant/Appellee/Cross-Appellant, v. R. L. POLK & COMPANY, Respondent/Appellant/Cross-Appellee, and TRANSPORTATION INSURANCE COMPANY, Insurance Carrier/ Appellant/Cross-Appellee.

Court of Appeals of Kansas.

Opinion filed January 23, 1998.

Attorney(s) appearing for the Case

Kurt W. Ratzlaff and Christopher J. McCurdy, of Wallace, Saunders, Austin, Brown & Enochs, Chartered, of Wichita, for appellants.

W. Walter Craig, of Law Offices of Prochaska & Scott, of Wichita, for appellee.

Before MARQUARDT, P.J., PIERRON, J., and NANCY E. PARRISH, District Judge, assigned.

PARRISH, J.:

R. L. Polk & Company and Transportation Insurance Company (Polk) appeal from the decision of the Workers Compensation Board (Board) awarding workers compensation benefits to Valerie Gadberry. Gadberry cross-appeals, challenging the constitutionality of K.S.A. 44-501(h). Gadberry alleges that the offset of employer-provided retirement benefits unfairly discriminates against workers who have earned those benefits.

Gadberry was a supervisor for...

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