Barke v. Archer Daniels Midland Co‪.‬

The opinion of the court was delivered by This is a workmen's compensation appeal. The award of
compensation to the claimant, Gerhard Barke, based upon a
temporary total disability is not disputed here. The contest is
between the respondent-employer, Archer Daniels Midland Company,
and the Kansas Workmen's Compensation Fund as to who should pay
the award. The facts in the case are as follows: In April of 1963
the claimant Barke suffered a back injury while working for the
International Milling Company of Salina. As a result of this
injury, Drs. Coffey and Lungstrum in 1965 performed a two-level
fusion in Barke's low back. In September 1967 the claimant
suffered another back injury while working for the same company.
Both of these injuries were found compensable by the workmen's
compensation director, and the latter award was based upon a
finding of 50% general bodily disability. The
[223 Kan. 314]
then existing second injury fund was ordered to pay 75% of the
award and the employer 25% of the award. Subsequent to claimant's
1967 accident, his kidneys started bleeding and he was advised
that the bleeding was a result of the aspirin he was taking in
addition to prescribed pain medication. The bleeding stopped
after Barke was treated by a urologist.