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HIGGINS v. ABILENE MACHINE, INC.

No. 97,649.

204 P.3d 1156 (2009)

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

Supreme Court of Kansas.

March 27, 2009.

Attorney(s) appearing for the Case

Robert R. Lee, of Wilson, Lee, Gurney, Carmichael & Hess, of Wichita, argued the cause and was on the brief for appellant.

Ryan D. Weltz, of Wallace, Saunders, Austin, Brown & Enochs, Chartered, of Wichita, argued the cause, and D. Steven Marsh and Janell Jenkins Foster, of the same firm, were on the briefs for appellees.

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

The opinion of the court was delivered by BEIER, J.:

In this workers compensation appeal, we decide whether a claimant may recover expert witness fees when the fees are incurred in pursuit of post-award medical benefits.

The legally relevant facts are undisputed. Claimant John W. Higgins sustained a back injury in 1997 while working for Respondent Abilene Machine, Inc., which is insured by Respondent Continental National American Group. Higgins received compensation...

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