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BUTERA v. FLUOR DANIEL CONSTR. CORP.

No. 84,972.

28 Kan. App.2d 542 (2001)

18 P.3d 278

SEAN M. BUTERA, Appellee, v. FLUOR DANIEL CONSTRUCTION CORPORATION and CNA GROUP, Appellants, and WOLF CREEK NUCLEAR OPERATING CORPORATION, Respondent.

Court of Appeals of Kansas.

Opinion filed January 26, 2001.

Attorney(s) appearing for the Case

John David Jurcyk and Douglas M. Greenwald, of McAnany, Van Cleave & Phillips, P.A., of Kansas City, for the appellants.

George H. Pearson III, and Eric I. Unrein, of Topeka, for the appellee.

Before BEIER, P.J., PIERRON, J., and TOM MALONE, District Judge, assigned.

PLERRON, J.:

In this appeal of a workers compensation award, the appellants Fluor Daniel Construction Corporation (Fluor), and CNA Group (CNA) contest the finding of the Workers Compensation Appeals Board (Board) that Sean Butera was acting within the scope of his employment when his injury occurred. The appellants also raise a jurisdictional challenge based on Butera's failure to appeal a preliminary order to this court.

Butera was an iron worker and rigger...

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