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STEPHEN v. PHILLIPS COUNTY

No. 97,254.

174 P.3d 452 (2008)

Leroy M. STEPHEN, Appellee, v. PHILLIPS COUNTY, and Kansas Workers Risk Cooperatives for Counties, Appellants.

Court of Appeals of Kansas.

January 18, 2008.

Attorney(s) appearing for the Case

Mickey W. Mosier, of Clark, Mize & Linville, Chartered, of Salina, for appellants.

Jeffrey E. King, of Hampton & Royce, of Salina, for appellee.

Before CAPLINGER, P.J., ELLIOTT and LEBEN, JJ.

LEBEN, J.

Less than 6 months before the 2004 election, Phillips County Sheriff Leroy Stephen was injured while trying to handcuff an unruly prisoner. After the injury, he was off work for nearly 2 months. When he returned to work, his doctors directed that he lift no more than 10 pounds and avoid stooping, bending, or twisting. While operating under those restrictions, he lost the primary election in August. In October 2004, the work restriction was expanded to allow...

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