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JOHNSTON v. TONY'S PIZZA SERVICE

No. 54,815 and No. 54,816 (Consolidated)

232 Kan. 848 (1983)

658 P.2d 1047

MERL EDWARD JOHNSTON, Claimant-Appellee, and DONNA PRUYN, Claimant-Appellee, v. TONY'S PIZZA SERVICE, d/b/a SCHWAN'S SALES OF MARSHALL, INC., Respondent-Appellee, and LIBERTY MUTUAL INSURANCE COMPANY, Insurance Carrier-Appellee, and KANSAS WORKMEN'S COMPENSATION FUND, Appellant.

Supreme Court of Kansas.

Opinion filed February 19, 1983.

Attorney(s) appearing for the Case

John M. Ostrowski, of McCullough, Wareheim & LaBunker, of Topeka, argued the cause and was on the brief for claimant-appellees.

C. Stanley Nelson, of Hampton, Royce, Engleman & Nelson, of Salina, argued the cause and was on the brief for appellant.

Aubrey G. Linville, of Clark, Mize & Linville, Chartered, of Salina, was on the brief for respondent-appellee and insurance carrier-appellee.

The opinion of the court was delivered by

McFARLAND, J.:

The sole issue in these consolidated workers' compensation appeals is whether the reimbursement provision of K.S.A. 1982 Supp. 44-556(d) applies when the balance due the claimant after judicial reduction of the award exceeds the amount of the overpayment.

K.S.A. 1982 Supp. 44-556(d) provides:

"(d) If compensation has been paid to the worker by the employer or the...

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