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FARLEY v. ABOVE PAR TRANSP.

No. 110,507.

334 P.3d 883 (2014)

Shelby FARLEY, Appellant, v. ABOVE PAR TRANSPORTATION and National Interstate Ins. Co., Appellant.

Court of Appeals of Kansas.

September 5, 2014.

Attorney(s) appearing for the Case

William L. Phalen , of Pittsburg, for appellant.

D'Ambra M. Howard and Ryan D. Weltz , of Wallace, Saunders, Austin, Brown & Enochs, Chartered, of Overland Park, for appellee.

Before STANDRIDGE, P.J., PIERRON, J., and JOHNSON, S.J.

JOHNSON, J.

Shelby Farley suffered work-related injuries while working for Above Par Transportation. Farley was receiving old-age Social Security benefits at the time he was injured. The Workers Compensation Board (Board) awarded Farley a substantial work disability. However, because the Board found that Farley had not retired before his accident occurred, it reduced Farley's award by the amount of his Social Security benefits pursuant to K.S.A.2009 Supp. 44-501(h...

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