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BUTERA v. FLUOR DANIEL CONSTR. CORP.

No. 87,621

31 Kan.App. 2d 108 (2003)

61 P.3d 95

SEAN M. BUTERA, Appellant, v. FLUOR DANIEL CONSTRUCTION CORPORATION and CNA GROUP, Appellees, and SEAN M. BUTERA, Appellant, v. WOLF CREEK NUCLEAR OPERATING CORPORATION, Self-insured Respondent/Appellee.

Court of Appeals of Kansas

Opinion filed January 17, 2003.

Attorney(s) appearing for the Case

George H. Pearson III, of Topeka, for appellant.

John David Jurcyk, of McAnany, Van Cleave & Phillips, P.A., for appellees.

Before GREEN, P.J., MARQUARDT, J., and JOHN E. SANDERS, District Judge, assigned.

GREEN, J.:

Sean M. Butera appeals from the Workers Compensation Appeals Board's (Board) order denying his workers compensation claim. Butera alleges that the Board erred in holding that neither the premises exception nor the special hazard exception to the going and coming rule, as set forth in K.S.A. 2001 Supp. 44-508(f), applies to the facts of this case. We agree and reverse.

Butera was an iron worker for Fluor Daniel Construction Corporation (Fluor Daniel...

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