44-5a06.
Date from which compensation is computed; employer liable.
The date when an employee or workman becomes incapacitated by an occupational disease from performing his work in the last occupation in which he was injuriously exposed to the hazards of such disease, shall be taken as the date of the injury equivalent to the date of accident under the workmen's compensation act. Where compensation is payable for an occupational disease, the employer in whose employment the employee or workman was last injuriously exposed to the hazards of such disease, and the insurance carrier, if any, on the risk when such employee was last so exposed under such employer, shall be liable therefor, without the right to contribution from any prior employer or insurance carrier; the amount of the compensation shall be based upon the average wages of the employee or workman when last so exposed under such employer, and the notice of disability and claim for compensation, as hereinafter required, shall be given and made to such employer: Provided, That in case of silicosis the only employer and insurance carrier liable shall be the last employer in whose employment the employee or workman was last injuriously exposed to the hazards of the disease during a period of sixty (60) days or more, and the insurance carrier, if any, on the risk when the employee or workman was last so exposed under such employer.
History:
L. 1953, ch. 246, § 6; L. 1974, ch. 203, § 53; July 1.
Notes of Decisions
Berry v. Boeing Military Airplanes, 885 P.2d 1261 (Kan. Ct. App. 1994).
· cites it 2× “K.S.A. 44-5a06. However, if it is a condition caused by an accident, the injury is deemed to have “occurred” on the date of the injury.”
Tomlinson v. Owens-Corning Fiberglas Corp., 770 P.2d 833 (Kan. 1989).
· cites it 10× “One of the defendants, Owens-Corning Fiberglas Corporation (OCF), filed a motion in the United States District Court for summary judgment, alleging that the plaintiff's action was barred by the provisions contained in K.S.A. 44-5a06 and K.S.A. 44-5a07. The United States District…”
Condon v. Boeing Co., 903 P.2d 775 (Kan. Ct. App. 1995).
“K.S.A. 44-5a06.” 20 Kan. App. 2d at 228 .”
Schubert v. Peerless Prods., Inc., 573 P.2d 1009 (Kan. 1978).
“” Disability caused by occupational disease means actually becoming incapacitated from performing the work in the last occupation held by the employee in which he was injuriously exposed to the hazards of the disease.”
Bayless v. List & Clark Constr. Co., 441 P.2d 841 (Kan. 1968).
· cites it 2× “44-5a03 build into the act certain protections for the employer so he may obtain a written statement from the employee before hiring him and thereby know and guard against claims based upon recurring occupational disease.”
Casey v. Dillon Companies, Inc., 114 P.3d 182 (Kan. Ct. App. 2005).
“44-5a01 and K.S.A. 44-5a06.” Casey argues she suffered from an occupational disease and is entitled to compensation based on her wage loss.”
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