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BERGSTROM v. SPEARS MFG. CO.

No. 99,369.

214 P.3d 676 (2009)

Carolyn BERGSTROM, Appellant, v. SPEARS MANUFACTURING COMPANY and Zurich U.S. Insurance Company, Appellees.

Supreme Court of Kansas.

September 4, 2009.

Attorney(s) appearing for the Case

William L. Phalen, of Pittsburg, argued the cause, and Crystal D. Marietta, of Pittsburg, was with him on the brief for appellant.

Larry Shoaf, of McDonald, Tinker, Skaer, Quinn & Herrington, P.A., of Wichita, argued the cause and was on the brief for appellees.

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

This workers compensation appeal comes before the court on transfer from the Court of Appeals. The appellant, Carolyn Bergstrom, seeks review of an order by the Workers Compensation Board decision limiting her compensation under the "good-faith effort" doctrine articulated by the Court of Appeals in previous cases. We find that the good-faith effort doctrine is not grounded in statute and was therefore improperly...

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