Horton v. Fleming Co.

Rees, J.:

Wayne L. Horton was fatally injured on July 3, 1974, as the result of an accident arising out of and in the course of his employment by Fleming Company. A workmen’s compensation claim was filed on behalf of his dependent surviving spouse and minor children. The award to the dependents entered by the examiner on October 8, 1976, was approved on review and appeal by the director and district court.

The examiner found K.S.A. 1975 Supp. 44-510b(j) applicable, thus providing a reduction by way of setoff in the computation of the compensation as follows:

“(j) When any benefits are being paid…