Jefferies v. United Rotary Brush Corp.

No. 124,140 IN THE COURT OF APPEALS OF THE STATE OF KANSAS JASON L. JEFFERIES, Appellant, v. UNITED ROTARY BRUSH CORPORATION, et al., Appellees. SYLLABUS BY THE COURT 1. The dual capacity doctrine, first recognized in Kimzey v. Interpace Corp., 10 Kan. App. 2d 165, 167,

694 P.2d 907

(1985), is a judicially recognized exception to the exclusive remedy provision of the Workers Compensation Act. Under this exception, an employer may be liable to its employee as a third-party tortfeasor if the employer has obligations to the employee independent of those imposed on it as an employer. 2. The dual…