Safeway Stores, Inc. v. Workers' Compensation Fund

Abbott, J.:

This is a workers’ compensation appeal by an employer (Safeway) and its insurance carrier (Travelers) from a judgment that the workers’ compensation fund (Fund) was not timely made a party to this action as required by K.S.A. 1978 Supp. 44-567(c) (formerly 1976 Supp. 44-567[d]). The claimant, Fred Godesky, is not a party to this appeal, and the nature, extent and compensability of his injury are not in dispute. Accordingly, this case presents questions of law and not of fact, leaving many of the general workers’ compensation standards of review inapplicable.

Prior to his employment…