Miller v. Miller

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 that Miller was a “self-employed person” as that term appears in the Workers’ Compensation Act (the Act).

Miller sustained personal injury by…