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McINTOSH v. SEDGWICK COUNTY

No. 93,762.

147 P.3d 869 (2006)

Willie McINTOSH, Appellant, v. SEDGWICK COUNTY, Appellee.

Supreme Court of Kansas.

December 8, 2006.

Attorney(s) appearing for the Case

John L. Carmichael, of Wilson, Lee, Gurney, Carmichael & Hess, of Wichita, argued the cause, and Steven R. Wilson, of the same firm, was with him on the brief for appellant.

Robert G. Martin, II, of McDonald, Tinker, Skaer, Quinn & Herrington, P.A., of Wichita, argued the cause, and Richard J. Liby, of the same firm, was with him on the brief for appellee.

The opinion of the court was delivered by DAVIS, J.:

Claimant was awarded workers compensation for total permanent disability because of an injury while employed as a security officer with Sedgwick County (the County). The Kansas Workers Compensation Board (the Board) correctly reduced his weekly benefits by the amount of other retirement benefits under the offset provisions under K.S.A.2005 Supp. 44-501(h). However, the Board, in an effort not to eliminate the offset...

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