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(Download) "Johnson v. Skelly Oil Co." by Supreme Court of Kansas * eBook PDF Kindle ePub Free

Johnson v. Skelly Oil Co.

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eBook details

  • Title: Johnson v. Skelly Oil Co.
  • Author : Supreme Court of Kansas
  • Release Date : January 03, 1956
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 58 KB

Description

The opinion of the court was delivered by This appeal presents the question of whether written claim for
compensation was served within the time prescribed by law, the
point in issue being whether respondent furnished medical aid and
hospitalization from about the time of the injury, which occurred
October 29, 1953, until the date written claim was received on
June 20, 1955, thus tolling the provisions of G.S. 1949, 44-520a
requiring claim to be served within 120 days after the accident
or after last payment of compensation. The commissioner found that respondent furnished compensation
to claimant in the form of medical aid and hospital treatment
within 120 days prior to the receipt of the written claim, and
entered an award in favor of claimant. On appeal, the trial court
found that claimant had not sustained the burden of proof that
medical services, hospitalization or other benefits were
furnished by respondent having effect of tolling the statute, and
reversed the award and dismissed the claim. Claimant has
appealed, and specifies that the trial court erred as a matter of
law in two respects: First, in reversing the award of the
commissioner, and second, in finding that the evidence was
insufficient to establish service of written claim for
compensation within the time prescribed by law.


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