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44-542a. Election by individual employer, partner or self-employed person. Each individual employer, partner, limited liability company member or self-employed person may elect to bring such employers within the provisions of the workers compensation act, by securing and keeping insured such liability in accordance with clause (1) of subsection (b) of K.S.A. 44-532, and amendments thereto. Such insurance coverage shall clearly indicate the intention of the parties to provide coverage for such employer, partner, limited liability company member or self-employed person. When such election is made, the insurance carrier or its agent shall cause to be filed with the director a written statement of election to accept thereunder so that such employer, partner, limited liability company member or self-employed person is treated as an employee for the purposes of the workers compensation act pursuant to such election. This election shall be effective until such time as such employer, partner, limited liability company member or self-employed person ceases to be insured in accordance with clause (1) of subsection (b) of K.S.A. 44-532, and amendments thereto, whereupon a written statement withdrawing such election shall be filed with the director.

History: L. 1974, ch. 203, § 37; L. 1977, ch. 178, § 1; L. 2002, ch. 122, § 3; July 1.

Law Review and Bar Journal References:

"Potential Federalization of State Workmen's Compensation Law—The Kansas Response," James C. Wright and James P. Rankin, 15 W.L.J. 244, 265 (1976).

"Workmen's Compensation—An Introduction to Changes in the Kansas Statute," Bryce B. Moore, 24 K.L.R. 603, 606 (1976).

"Workmen's Compensation—Major Changes in Employments Covered, Benefits, Defenses, Offsets, and Other Changes," Alvin D. Herrington, 24 K.L.R. 611 (1976).

"Worker's Compensation Review," J.K.T.L.A. Vol. XX, No. 3, Review Section, 28 (1997).

CASE ANNOTATIONS

1. Cited; tests to determine liability of principal contractor for injury to employee of independent contractor (K.S.A. 44-503) examined. Thompson v. Harold Thompson Trucking, 12 Kan. App. 2d 449, 458, 748 P.2d 430 (1987).

2. Liability of workers compensation fund (K.S.A. 44-567) to electing self-employed handicapped worker determined. Miller v. Miller, 13 Kan. App. 2d 262, 264, 768 P.2d 308 (1989).


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