PAYNE v. BOEING CO.

No. 98,108.

180 P.3d 590 (2008)

Linda J. PAYNE, Appellant, v. The BOEING COMPANY, and Kemper Insurance Cos., and American Mfr. Mutual Ins. Co., Appellees.

Court of Appeals of Kansas.

April 4, 2008.


Attorney(s) appearing for the Case

Michael L. Snider, of Snider & Seiwert, L.L.C., of Wichita, for appellant.

Stephen M. Kerwick and Eric K. Kuhn, of Foulston Siefkin LLP, of Wichita, for appellees.

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


McANANY, J.

In this case we are called upon to construe and to consider the constitutionality of statutory limits on workers compensation benefits received by an injured worker who has a preexisting nonwork-related disability.

Linda J. Payne worked for the Boeing Company (Boeing) for 23 years. She had a history of low back problems which resulted in a microdiskectomy at the L5-S1 level in 1996. She experienced a disk herniation at that same level in 1998,...

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