Brinkmeyer v. City of Wichita

The opinion of the court was delivered by

Miller, J.:

This is a workmen’s compensation case. William H. Brinkmeyer, Jr., an employee of the City of Wichita, was killed while at work. The Sedgwick County District Court denied compensation to William’s widow, Janet; she appeals.

At issue is the construction of the language of the 1974 amendments of the workmen’s compensation act, and in particular, K.S.A. 1974 Supp. 44-510b. Petitioner contends and respondent denies that under the amended statute, a “surviving legal spouse” is entitled to compensation death benefits regardless of actual dependency.