Cody v. Jayhawk Pipeline Corporation

The opinion of the court was delivered by

Owsley, J.:

This is an appeal by the Second Injury Fund (now workmen’s compensation fund, see K.S.A. 1976 Supp. 44-566a) in a workmen’s compensation case challenging an apportionment of the award attributing sixty percent of the claimant’s twenty-five percent permanent partial disability to the Second Injury Fund pursuant to K.S.A. 44-567 (a) (2) (now K.S.A. 1976 Supp. 44-567 [a] [2]).

On August 30, 1973, the claimant, Charles K. Cody, suffered a back injury while working for Jayhawk Pipeline Corporation. As a result claimant received a fifteen percent…