Bennett v. Wichita Fence Co.

Elliott, J.:

Russell Bennett appeals a district court judgment denying his claim for workers compensation against his employer, Wichita Fence Company.

We reverse and remand.

The facts are essentially undisputed. Bennett was sent by his employer, in a company vehicle, to make a delivery. On the return trip, Bennett suffered an epileptic seizure, blacked out, and hit a tree. Wichita Fence was aware of Bennett’s condition, having filed a “notice of handicapped employee” with the workers compensation director.

In the initial compensation hearing, the only disputed issue here pertinent was whether the…