Hallmark v. Dalton Construction Co.

The opinion of the court was delivered by

Fatzer, J.:

This was an action to recover a workmen’s compensation lump-sum judgment pursuant to K. S. A. 44-512a. The appeal is from the district court’s order sustaining the respondent-employer and its insurance carrier’s motion to dismiss the action. The employer and its insurance carrier are referred to as the respondents.

The facts are not in dispute. On August 16, 1969, the examiner entered a workmen’s compensation award in favor of the claimant. Thereafter, the respondents made timely written request to the director of workmen’s compensation for…