Day and Zimmerman, Inc. v. George

The opinion of the court was delivered by This is an appeal by an employer and its insurance carrier from a workmen's compensation award. Two awards are involved. The first award was entered for an accident occurring on October 14, 1970, and the second for accidents allegedly occurring one year later, on October 22 and 26, 1971. The Second Injury Fund (now the Workmen's Compensation Fund, see K.S.A. 1974 Supp. 44-566a [Amended, Laws 1975, Ch. 260, Sec. 3]) was impleaded in connection with the October 1971 accidents. The disputed issues on appeal are between appellants and the Second Injury Fund and pertain to a modification of the first award by the trial court, reimbursement of appellants by the Second Injury Fund, and the method and manner of determining the amount of compensation and the apportionment thereof. The appellants have abandoned their points challenging the finding of total disability; hence, there is no dispute that claimant has been totally disabled since October 26, 1971.