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SMITH v. ROSSVILLE VALLEY MANOR/CORPORATE

No. 96,411.

154 P.3d 1114 (2007)

Waunita SMITH, Appellee/Claimant, v. ROSSVILLE VALLEY MANOR/CORPORATE RESOURCE MANAGEMENT, INC., Appellant/Respondent, and Legion Insurance Company/The Kansas Guarantee Insurance Association, Appellant/Insurance Carrier, and Liberty Mutual Insurance Company, Appellee/Insurance Carrier, and Kansas Workers Compensation Fund, Appellee.

Court of Appeals of Kansas.

March 30, 2007.

Attorney(s) appearing for the Case

J. Scott Gordon, of Long, Luder & Gordon, P.A., of Overland Park, for appellants.

Roger D. Fincher, of Bryan, Lykins, Hejtmanek & Fincher, P.A., of Topeka, for appellee Waunita Smith.

Lynn Curtis, of Law Offices of Stephanie Warmund, of Kansas City, for appellee Liberty Mutual Insurance Company.

Before CAPLINGER, P.J., HILL and BUSER, JJ.

CAPLINGER, P.J.

Respondent Rossville Valley Manor/Corporate Resource Management, Inc. (Manor) and Legion Insurance Company/Kansas Guarantee Insurance Association (Legion) appeal the Workers Compensation Board's (Board) order charging Legion with payment of claimant Waunita Smith's workers compensation award. Legion argues Liberty Mutual Insurance Company (Liberty) is liable for payment of the award under the "last injurious exposure rule".

Applying this rule...

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