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ACOSTA v. NATIONAL BEEF PACKING CO., L.P.

No. 86,334., No. 86,387., No. 86,525.

273 Kan. 385 (2002)

44 P.3d 330

VICTORIA ACOSTA, Plaintiff/Appellee, Claimant/Cross-appellant, v. NATIONAL BEEF PACKING COMPANY, L.P., a/k/a FARMLAND NATIONAL BEEF PACKING COMPANY, L.P., Defendant/Appellant, Respondent/Cross-appellee, and WAUSAU UNDERWRITERS INSURANCE COMPANY, Defendant/Appellant, Cross-appellee.

Supreme Court of Kansas.

Opinion filed April 19, 2002.

Attorney(s) appearing for the Case

Paul Hasty, Jr., of Wallace, Saunders, Austin, Brown and Enochs, Chartered, of Overland Park, argued the cause and was on the briefs for Wausau Underwriters Insurance Company.

Stephen M. Kerwick, of Foulston & Siefkin, L.L.P., of Wichita, argued the cause, and David J. Rebein, and D. Shane Bangerter, of the same firm, were on the briefs for National Beef Packing Company.

Randall E. Fisher, of Newton, argued the cause, and Diane F. Barger, of Wichita, was with him on the brief for Victoria Acosta.

The opinion of the court was delivered by

DAVIS, J.:

National Beef Packing Company (NBP) and Wausau Underwriters Insurance Company (Wausau) appeal from a $57,936.72 summary judgment in favor of the plaintiff, Victoria Acosta. That amount represents that portion of a final workers compensation award determined to be due and owing to plaintiff. NBP and Wausau argue there is no basis for the summary judgment since the Workers Compensation Board (Board) determined...

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