Childress v. Childress Painting Co.

The opinion of the court was delivered by

Miller, J.:

The trial court and the Court of Appeals held that this workmen’s compensation claim was not barred by the statute of limitations. Childress v. Childress Painting Co., 3 Kan. App. 2d 135, 590 P.2d 1093 (1979). We granted review. The sole issue is whether the claim is barred by K.S.A. 1978 Supp. 44-534(fe).

The facts are fully set forth in the majority opinion of the Court of Appeals, and need not be restated here in detail. A workman was accidentally killed in the course of his employment on March 27,1974. His employer had notice of the…