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MILLER v. MILLER

No. 62,298

13 Kan. App. 2d 262 (1989)

768 P.2d 308

ROBERT E. MILLER, Claimant, v. ROBERT E. MILLER AND ST. PAUL FIRE and MARINE INSURANCE COMPANY, Appellants, and WORKERS' COMPENSATION FUND, Appellee.

Court of Appeals of Kansas.

Opinion filed February 3, 1989.

Attorney(s) appearing for the Case

Douglas C. Hobbs, of McDonald, Tinker, Skaer, Quinn & Herrington, P.A., of Wichita, for appellants.

Charles R. Pike and Brock R. McPherson, of McPherson, Bauer, Pike & Pike, Chtd., of Great Bend, for appellee.

Before REES, P.J., DAVIS, J., and PORTER K. BROWN, District Judge, assigned.

REES, J.:

This workers' compensation case raises the question whether liability for compensation payment to an electing self-employed person is to be shifted to the Workers' Compensation Fund (the Fund) pursuant to K.S.A. 1988 Supp. 44-567(a). The district court denied shifting. We reverse.

Robert E. Miller is an over-the-road trucker. Since 1982 he had owned a tractor and flatbed semi-trailer that he operated as a leasing owner-operator. The parties agree...

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