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MCINTOSH v. SEDGWICK COUNTY

No. 93,762.

34 Kan.App. 2d 684 (2005)

WILLIE MCINTOSH, Appellant, v. SEDGWICK COUNTY, Appellee.

Court of Appeals of Kansas.

Opinion filed: December 9, 2005.

Attorney(s) appearing for the Case

John L. Carmichael and Steven R. Wilson, of Wilson, Lee, Gurney, Carmichael & Hess, of Wichita, for appellant.

Richard J. Liby and Robert G. Martin, of McDonald, Tinker, Skaer, Quinn & Herrington, P.A., of Wichita, for appellee.

Before McANANY, P.J., GREEN and MARQUARDT, JJ.

GREEN, J.:

This case concerns the calculation of workers compensation benefits for a permanent total disability when there has been an offset for retirement benefits under K.S.A. 44-501(h). Willie McIntosh appeals the decision of the Workers Compensation Board (Board) which not only reduced his weekly workers compensation amount by his applicable weekly retirement benefits but also reduced the $125,000 statutory cap on an employer's liability for permanent total disability...

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