Simmons v. Security National Bank

Flood, J.:

The sole issue in this appeal is an award of attorney fees by the district court to the Workers’ Compensation Fund under K.S.A. 1984 Supp. 44-566a(f). The respondent and insurance carrier (appellants) contend such an award is proper only where the district court has determined that joining the Fund was frivolous. The district court did find that the decision to join the Fund was frivolous but appellants contend this finding cannot be supported by the evidence.

The claimant, Verna E. Simmons, was injured July 30, 1980, while employed by respondent Security National Bank. Her duties…