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HIGGINS v. ABILENE MACHINE, INC.

No. 97,649.

172 P.3d 1201 (2007)

John W. HIGGINS, Appellant, v. ABILENE MACHINE, INC., and Continental National American Group, Appellees.

Court of Appeals of Kansas.

December 7, 2007.

Attorney(s) appearing for the Case

Robert R. Lee, of Wilson, Lee, Gurney, Carmichael & Hess, of Wichita, for appellant.

D. Steven Marsh and Ryan D. Weltz, of Wallace, Saunders, Austin, Brown & Enochs, Chartered, of Wichita, for appellees.

John M. Ostrowski, of McCullough, Wareheim & LaBunker, P.A., of Topeka, for amicus curiae Kansas AFL-CIO.

Before BUSER, P.J., and KNUDSON, S.J., and BUKATY, S.J.

KNUDSON, S.J.

In this workers compensation proceeding, John W. Higgins (claimant) appeals from the order of the Workers Compensation Board (Board) and its determination that postaward expert witness fees are not to be awarded to claimant as costs under K.S.A.2006 Supp. 44-510k(c). The issue presented is one of first impression.

The controlling facts are not in dispute. Claimant is receiving a compensation award after sustaining a work-related back injury....

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