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WIEHE v. KISSICK CONST. CO.

No. 102,669.

232 P.3d 866 (2010)

Michael Paul WIEHE, Appellee, v. KISSICK CONSTRUCTION COMPANY and Builders Mutual Casualty Co., Appellants.

Court of Appeals of Kansas.

May 6, 2010.

Attorney(s) appearing for the Case

C. Anderson Russell, of Kansas City, Missouri, for appellants.

Christopher J. McCurdy, of Wallace, Saunders, Austin, Brown & Enochs, Chtd., of Overland Park, for appellee.

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

GREEN, J.

Kissick Construction Company (Kissick) and its insurance company, Builders Mutual Casualty Co. (collectively appellants), appeal from a decision by the Workers Compensation Board (Board) to award Michael Wiehe workers compensation benefits. While working for Kissick, Wiehe was injured when the machine he was operating tipped over and he was ejected from the machine. Shortly after the accident, Wiehe underwent drug testing, which revealed a level of marijuana...

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