Brown v. City of Wichita

White, J.:

The City of Wichita (respondent) appeals the award of the district court granting Ronald J. Brown (claimant) an 85% permanent partial general bodily disability.

Two issues are before the court: whether the district court properly applied the two-part test set out in K.S.A. 1991 Supp. 44-510e(a) in assessing claimant’s disability, and whether his retirement and pension benefits preclude him from receiving workers compensation benefits for permanent partial general disability.

Claimant, a firefighter for the City of Wichita, injured his back January 17, 1989, while lifting a patient…