Gawith v. Gage's Plumbing & Heating Co., Inc.

The opinion of the court was delivered by

Schroeder, J.:

The sole question involved in this workmen’s compensation action is whether the provisions of K. S. A. 1967 Supp. 44-556, which authorize the district court in a workmen’s compensation proceeding to try the case de novo on the record and to render such judgment thereon as justice may require, violate the constitutional separation of powers doctrine.

Richard Gawith (claimant-appellant) sustained an accidental injury on April 1, 1968, which arose out of and in the course of his employment with the respondent, Gage’s Plumbing and Heating Co.,…