[DOWNLOAD] "Johnson v. Skelly Oil Co." by Supreme Court of Kansas " eBook PDF Kindle ePub Free
eBook details
- Title: Johnson v. Skelly Oil Co.
- Author : Supreme Court of Kansas
- Release Date : January 03, 1957
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
The opinion of the court was delivered by This was a workmen's compensation case. We will hereinafter
refer to appellee Lewis Johnson as claimant and appellant Skelly
Oil Company as respondent. Claimant was awarded compensation for
temporary total disability by the workmen's compensation
commissioner based upon a finding that claimant's injury
aggravated a pre-existing condition which resulted in his
disability. From the award of the commissioner, respondent
appealed to the district court, contending that written claim for
compensation was not made within the statutory time. After a
hearing the trial court held that written claim for compensation
was not served within the statutory time and dismissed claimant's
action. Claimant appealed from that judgment to this court and
after a review of the record (Johnson v. Skelly Oil Co.,
180 Kan. 275, 303 P.2d 172) we reversed the judgment of the trial
court and remanded the cause with directions to set aside its
order dismissing the action and to proceed in accordance with the
provisions of the Workmen's Compensation Act. The trial court, in
compliance with our directions, held a further hearing and
sustained the award of the workmen's compensation commissioner's
finding that claimant sustained personal injury through accident
arising out of and in the course of his employment by respondent
and that such accident and resulting injury
[181 Kan. 656]
intensified and aggravated an existing condition and contributed
to his disability, resulting in temporary total disability for
which claimant was entitled to compensation for certain specified
weeks. The lower court entered judgment accordingly.