Allen v. Mills

Clark, J.:

Plaintiff David N. Allen appeals from an order of summary judgment made pursuant to K.S.A. 60-256 that declared his sole remedy for personal injuries received to be that fixed under the Workmen’s Compensation Act, K.S.A. 44-501 et seq.

The subject of the appeal is the scope of both statutes cited above.

The issue that we will resolve here is whether under the uncontroverted facts a self-employed person can be brought within the Workmen’s Compensation Act as a “statutory” worker pursuant to K.S.A. 44-503.

The facts presented to the trial court by defendant in support of his motion for…