Childress v. Childress Painting Co.

Swinehart, J.:

This appeal involves a workmen’s compensation claim made by the widow of Ben S. Childress, Jr. The respondent, Childress Painting Company, and its insurance carrier, United States Fidelity & Guaranty Co., appeal the trial court’s determination that the claim was not barred by the three year statute of limitations established by K.S.A. 1978 Supp. 44-534.

At the outset it should be noted that the statute embodying the three year limitation which was in effect on the date of the accident was K.S.A. 1973 Supp. 44-510e. The amended workmen’s compensation act became effective July 1,…