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RIVERA v. CIMARRON DAIRY

Nos. 81,691 and 81,692.

267 Kan. 865 (1999)

988 P.2d 235

MANUEL RIVERA, Claimant-Appellant, and MARTIN ORTEGA, Claimant-Appellant, v. CIMARRON DAIRY, Respondent-Appellee, and KANSAS WORKERS COMPENSATION FUND, Appellee.

Supreme Court of Kansas.

Opinion filed July 30, 1999.

Attorney(s) appearing for the Case

Stanley R. Ausemus, of Stanley R. Ausemus, Chartered, of Emporia, was on the briefs for appellants.

D. Shane Bangerter, of Foulston & Siefkin, L.L.P., of Dodge City, argued the cause and was on the brief for appellee Cimarron Dairy.

The opinion of the court was delivered by

LOCKETT, J.:

Workers appeal the order of the Workers Compensation Board (Board) that an agricultural dairy enterprise, not subject to mandatory coverage of the Workers Compensation Act (Act), which purchased workers compensation insurance during construction of the dairy and later allowed the insurance policy to lapse without filing an election to withdraw, was no longer subject to the Act. The dairy enterprise asserts...

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