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SMITH v. WINFIELD LIVESTOCK AUCTION, INC.

No. 92,246.

33 Kan.App. 2d 615 (2005)

106 P.3d 94

PHILLIP M. SMITH, Deceased, Appellant, v. WINFIELD LIVESTOCK AUCTION, INC., and MEADOWBROOK INSURANCE CO., Appellees.

Court of Appeals of Kansas.

Opinion filed February 18, 2005.

Attorney(s) appearing for the Case

D. Shane Bangerter, Jennifer Hutchins, and David J. Rebein, of Rebein Bangerter PA, of Dodge City, for appellant.

Stephen J. Jones, of Law office of Stephen Jones, of Wichita, for appellees.

Before MARQUARDT, P.J., MALONE and CAPLINGER, JJ.

Petition for review denied 279 Kan. 1007 (2005).

MARQUARDT, J.:

Bonnie Smith, widow of Phillip M. Smith, appeals the finding of the Workers Compensation Board (Board) that Phillip's fatal injuries did not arise out of and in the course of his employment. We affirm.

On October 3, 2001, Phillip hauled three cows to the Winfield Livestock Auction, Inc. (Auction) for Anna Poovey. After the auction concluded, Phillip was loading Poovey's cow into the trailer...

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