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SLUSHER v. WONDERFUL HOUSE CHINESE RESTAUR.

No. 101,614.

217 P.3d 11 (2009)

Alfred E. SLUSHER, Appellant, v. WONDERFUL HOUSE CHINESE RESTAURANT, INC. and Kansas Workers Compensation Fund, Appellees.

Supreme Court of Kansas.

October 9, 2009.

Attorney(s) appearing for the Case

Mitchell W. Rice, of Bretz Law Offices, of Hutchinson, for appellant.

Wendel W. Wurst, of Calihan, Brown, Burgardt, Wurst & Daniel, P.A., of Garden City, for appellee Wonderful House Chinese Restaurant, Inc.

D. Shane Bangerter, of Rebein Bangerter PA, of Dodge City, for appellee Kansas Workers Compensation Fund.

Before RULON, C.J., ELLIOTT and HILL, JJ.

HILL, J.:

Alfred Slusher shattered his elbow while working at a restaurant. He now appeals the denial of workers compensation benefits by the Workers Compensation Board. The Board decided the Workers Compensation Act did not apply to the restaurant where Slusher worked. The law clearly states the Act applies only to employers with a gross annual payroll greater than $20,000 for the current calendar year. Because the restaurant in this case did not have such a payroll...

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