287.130. Employer's liability joint and several — contribution allowable. — If the injury or death occurs while the employee is in the joint service of two or more employers, their liability shall be joint and several, and the employee may hold any or all of such employers. As between themselves such employers shall have contribution from each other in the proportion of their several liability for the wages of such employee but nothing in this chapter shall prevent such employers from making a different distribution of their proportionate contributions as between themselves.
Notes of Decisions
Leach v. Bd. of Police Commissioners of Kansas City, 118 S.W.3d 646 (Mo. Ct. App. 2003).
· cites it 14× “2d at 155-56 (interpreting statutory predecessor to § 287.130, RSMo, and allowing insurer to seek contribution from jointly liable employers); Hill v.”
Martin v. Mid-Am. Farm Lines, Inc., 769 S.W.2d 105 (Mo. 1989).
· cites it 6× “quipment during the term hereof; and LESSOR is responsible for the payment of all tolls, ferries, loading and unloading of the vehicle if applicable, drivers wage or salaries, all payroll deductions, including unemployment compensation, social security and withholding taxes due…”
Thompson v. Missouri Vets.' Home, 58 S.W.3d 657 (Mo. Ct. App. 2001).
· cites it 9× “Prior to that time, except for section 287.130, RSMo 1986, relating to an employee in the joint service of two or more employers, “Chapter 287 made no special provisions for employees who had multiple or concurrent employers.”
Patton v. Patton, 308 S.W.2d 739 (Mo. 1958).
· cites it 3× “Each cites § 287.130; Wigger v. Consumers Cooperative Ass’n, Mo.”
Hill v. 24th Jud. Circuit, 765 S.W.2d 329 (Mo. Ct. App. 1989).
· cites it 2× “If the counties are the joint employers of claimant, the counties, or their insurance companies if they are insured, would be jointly and severally liable to claimant with the right of contribution from each other in regard to their several liability pursuant to § 287.130, RSMo…”
Zasslow v. Serv. Blue Print Co., 288 S.W.2d 377 (Mo. Ct. App. 1956).
· cites it 3× “Appellant cites statutes and decisions ruling that where an employee is working concurrently for several different employers at the time of his injury his total wages from all of them are to be considered as the basis for computing his compensation.”
Glazebrook v. Hazelwood Sch. Dist., 498 S.W.2d 823 (Mo. Ct. App. 1973).
· cites it 2× “” From a reading of the section and the references just quoted, we cannot read into subsection (1) a meaning that it refers to earnings from concurrent multiple employers unless they be joint employers (Section 287.130). Subsection (1) refers only to the earnings received from…”
Swager v. Monkem Co., 460 S.W.2d 291 (Mo. Ct. App. 1970).
“1 On this appeal, Monkem and its insurer contend (a) that Sunflower and its insurer should have been held solely liable for the award,' or' (b) that Monkem and Sunflower and their respective insurers should have been held jointly liable under that section of the Act, § 287.130,…”
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