Frost v. Builders Service, Inc.

Kennedy, J.:

Builders Service, Inc., (Builders) and Commercial Union Insurance Company appeal from a judgment against them *6in a workers’ compensation claim. The Kansas Workers’ Compensation Fund (Fund) cross-appeals from the judgment and the allocation of a portion of the award to the Fund. The Fund had also appealed from the trial court’s finding that Builders had hired and retained Mr. Frost with knowledge of a preexisting impairment. At oral argument the Fund abandoned this issue.

Mr. Frost was employed by Builders. Builders is a general construction company involved primarily in…