RASH v. HEARTLAND CEMENT CO.

No. 94,604.

154 P.3d 15 (2006)

Larry Jo RASH, Appellee, v. HEARTLAND CEMENT COMPANY, and Sentry Insurance, Appellants.

Court of Appeals of Kansas.

July 14, 2006.


Attorney(s) appearing for the Case

Kurt W. Ratzlaff and Janell Jenkins Foster, of Wallace, Saunders, Austin, Brown & Enochs, Chartered, of Wichita, for the appellants.

William L. Phalen and J. Lee Ayres, of Phalen, Bicknell & Markel, of Pittsburg, for the appellee.

Before PIERRON, P.J., GREEN and JOHNSON, JJ.


PIERRON, P.J., GREEN and JOHNSON, JJ.

Heartland Cement Company (Heartland) and its insurance carrier, Sentry Insurance, appeal the decision of the Workers Compensation Board (Board) awarding Larry Jo Rash workers compensation benefits based on a 65% work disability. Heartland argues the Board erred in not limiting Rash's benefits to a 16% functional impairment rating because Rash failed to accept accommodated employment. Heartland also argues that the Board erred...

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