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HOESLI v. TRIPLETT, INC.

No. 109,448.

321 P.3d 18 (2014)

49 Kan. App. 2d 1011

Douglas K. HOESLI, Appellant/Cross-appellee, v. TRIPLETT, INC. and Federated Mutual Insurance Company, Appellees/Cross-appellants.

Court of Appeals of Kansas.

March 7, 2014.

Attorney(s) appearing for the Case

Jan L. Fisher , of McCullough, Wareheim & LaBunker, of Topeka, for appellant/cross-appellee.

Vincent A. Burnett and Dallas L. Rakestraw , of McDonald, Tinker, Skaer, Quinn & Herrington, P.A., of Wichita, for appellees/cross-appellants.

Before GREEN, P.J., SCHROEDER, J., and JAMES L. BURGESS, District Judge Retired, assigned.

BURGESS, J.

Douglas K. Hoesli was injured at work and filed a workers compensation claim. Because Hoesli — who was not yet retired but who was at full retirement age — had already begun collecting Social Security retirement benefits, the administrative law judge (ALJ) determined that the setoff provision in K.S.A. 2010 Supp. 44-501(h) should apply to his permanent partial disability award and reduce the award by the amount of Social Security benefits...

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