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TALLMAN v. CASE CORP.

No. 89,966

31 Kan.App. 2d 1044 (2003)

77 P.3d 494

WESLEY TALLMAN, Appellee, v. CASE CORPORATION, Appellant.

Court of Appeals of Kansas

Opinion filed October 10, 2003.

Attorney(s) appearing for the Case

Stephen M. Kerwick and Vaughn Burkholder, of Foulston Siefkin, LLP, of Wichita, for the appellant.

William L. Phalen, of Pittsburg, for the appellee.

Before MALONE, P.J., PIERRON, and GREEN, JJ.

PIERRON, J.:

Case Corporation (Case) appeals the decision of the Workers Compensation Board of Review (Board) awarding permanent partial general disability benefits to Wesley Tallman. Case argues the Board erred in refusing to apply Watkins v. Food Barn Stores, Inc., 23 Kan.App.2d 837, 936 P.2d 294 (1997), and that the Board's approach of allowing work disability based on the coincidence...

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