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FOOS v. TERMINIX

No. 89,239

31 Kan.App. 2d 522 (2003)

67 P.3d 173

DENNIS FOOS, Appellee, v. TERMINIX and ZURICH AMERICA INSURANCE CO., Appellants.

Court of Appeals of Kansas

Opinion filed April 25, 2003.

Attorney(s) appearing for the Case

Rex W. Henoch, of Dorothy & Henoch, L.L.C., of Lenexa, for the appellants.

Rachel Mackey, of Law Office of Rachel Mackey, of Topeka, and Roger D. Fincher, of Bryan, Lykins, Hejtmanek & Fincher, P.A., of Topeka, for the appellee.

Before RULON, C.J., PIERRON and MARQUARDT, JJ.

PIERRON, J.:

Terminix and Zurich American Insurance Company (Terminix) appeal the decision of the Workers Compensation Board (Board) that Dennis Foos was entitled to an award of benefits following a one-vehicle accident. Terminix argues the Board incorrectly found that a blood test showing Foos was intoxicated was inadmissible.

The parties, for the most part, do not dispute the facts. The issue is whether certain facts are admissible in the worker compensation...

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