Since K.S.A. 1989 Supp. 44-556 provides for judicial review of any action of the director, we have jurisdiction to hear this appeal. "In the appeal of a workmen's compensation case under G.S. 1957 Supp. 44-556, the supreme Court has full authority to review questions of law." Roth v. Hudson Oil Co., 185 Kan. 576, Syl. ΒΆ 1, 345 P.2d 627 (1959). This appeal involves the nonpayment of temporary total disability benefits that were awarded on a preliminary basis but were later determined not to be owed. Under the April 6, 1987, final award of the district court, Sawyer has already received benefits greatly in excess of what was ultimately determined to be owed to her.
No extended discussion is required at this late date as to the meaning of the terms "arising out of the employment" and "in the course of employment." Both phrases were amply pondered and defined in Pinkston v. Rice Motor Co., 180 Kan. 295, 303 P.2d 197, to which reference is hereby made. Under the authority of Pinkston and kindred cases, we believe the uncontradicted evidence establishes that Mrs. Gowan's injuries, sustained in the second accident of September 20, arose out of and in the course of her employment with the respondent, Harry Butler Sons Funeral Home. (See, also, Corpora v. Kansas City Public Service Co., 129 Kan. 690, 284 P. 818; Roth v. Hudson Oil Co., 185 Kan. 576, 345 P.2d 627 and authorities cited therein.) We have found no case factually identical to the present one.
(G.S. 1959 Supp., 44-556; Cross v. Wichita Compressed Steel Co., 187 Kan. 344, 356 P.2d 804; Grow v. Musgrove Petroleum Corp., 184 Kan. 800, 339 P.2d 75; Allen v. Goodyear Tire Rubber Co., 184 Kan. 184, 334 P.2d 370; Heer v. Hankamer Excavating Co., 184 Kan. 186, 334 P.2d 372.) The claimant at least gives lip service to this rule and would seem to urge that in reality there is no evidence to support the finding of the district court and that this court can reverse that court's finding as a matter of law, see Roth v. Hudson Oil Co., 185 Kan. 576, 345 P.2d 627. We find no dispute in the evidence as to the fact that on or about the first week of January, 1959, Kerwin rented a garage and Love began to perform the work of repairing automobiles therein.
Therefore, the decision below was based upon an application of the law to an undisputed set of facts, and this court has jurisdiction to pass upon that question. (G.S. 1957 Supp., 44-556; Roth v. Hudson Oil Co., 185 Kan. 576, 345 P.2d 627.) The undisputed facts, as shown by the record, may be summarized as follows: It was stipulated that respondent was operating under the workmen's compensation act, that Iowa Mutual Insurance Company was the insurance carrier, that notice was had and that written claim for compensation was made by claimant within the statutory period, and that compensation of $238 had been paid. There was no dispute as to how claimant suffered his injury or as to the question of the extent of claimant's disability.