44-503a.
Multiple employment; apportionment of liability.
Whenever an employee is engaged in multiple employment, in which such employee performs the same or a very similar type of work on a part-time basis for each of two or more employers, and such employee sustains an injury which arose out of and in the course of the multiple employment with all such employers, and which did not clearly arise out of and in the course of employment with any particular employer, all such employers shall be liable to pay a proportionate amount of the compensation payable under the workmen's compensation act as follows: Each such employer shall be liable for such proportion of the total amount of compensation which is required to be paid by all such employers, as the average weekly wages paid to the employee by such employer, bears to the total average weekly wages paid to the employee by all such employers, determined as provided in subsection (b)(3) of K.S.A. 44-511, and amendments thereto.
History:
L. 1974, ch. 203, § 15; L. 2011, ch. 55, § 4; May 15.
Notes of Decisions
Denton v. Sunflower Elec. Coop., Inc., 748 P.2d 420 (Kan. 1988).
““(f) The total amount of compensation due the employee shall be the amount for disability computed as provided in K.S.A. 44-503a, 44-510 to 44-510g, inclusive, and 44-511, and amendments thereto, and in no case shall the payments be less nor more than the amounts provided in K.”
Kinder v. Murray & Sons Constr. Co., 957 P.2d 488 (Kan. 1998).
“gh he was not performing work for Corporations B through E at the time when the injury occurred, the wages they have paid the gardener in the 26 weeks preceding the injury would be included in computing his average gross weekly wage (and, hence, compensation benefits), and…”
Trevizo v. El Gaucho Steakhouse, 253 P.3d 786 (Kan. Ct. App. 2011).
“See K.S.A. 44-503a. To the *674 extent that El Gaucho shows that Christensen is hable for Trevizo’s injuries, this does not necessarily absolve El Gaucho for its share of Trevizo’s award.”
Topeka Pub. Schs., Unified Sch. Dist. No. 501 v. Am. Home Life Ins., 971 P.2d 1210 (Kan. Ct. App. 1999).
· cites it 2× “Both parties cite to K.S.A. 44-503a. This statute provides that whenever a worker’s injury arises out of and in the course of multiple part-time employments, all such employers may be liable for a proportionate amount of the compensation payable under the Act.”
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