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PETERSON v. GARVEY ELEVATORS, INC.

No. 68,047

252 Kan. 976 (1993)

850 P.2d 893

DONALD F. PETERSON, Appellant, v. GARVEY ELEVATORS, INC., NATIONAL UNION FIRE INSURANCE, and KANSAS WORKERS' COMPENSATION FUND, Appellees.

Supreme Court of Kansas.

Opinion filed April 16, 1993.

Attorney(s) appearing for the Case

Thomas C. Boone, of Law Offices of Thomas C. Boone, of Hays, argued the cause and was on the brief for appellant.

Lisa J. Lewis, of Turner and Boisseau, Chartered, of Great Bend, argued the cause and was on the brief for appellees Garvey Elevators and National Union Fire Insurance.

Jerry Moran, of Jeter & Moran, of Hays, was on the brief for appellee Kansas Workers Compensation Fund.

The opinion of the court was delivered by

ABBOTT, J.:

Donald F. Peterson, the claimant, appeals the trial court's order denying his motion to modify a lump sum settlement in a workers compensation case.

The lump sum settlement was approved by an administrative law judge in 1984. In 1991, Peterson filed a motion, citing what is now K.S.A. 1992 Supp. 44-528, to modify the lump sum settlement. He alleged fraud, undue influence, and misconduct on the part...

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