Farrell v. U.S.D. No. 229

23 Kan. App. 2d 668

No. 76,1141

JERI FARRELL, Claimant, v. UNIFIED SCHOOL DISTRICT NO. 229, Appellant, KANSAS ASSOCIATION OF SCHOOL BOARDS, Insurance Carrier/Appellant, and KANSAS WORKERS COMPENSATION FUND, Appellee.

SYLLABUS BY THE COURT

The 1993 amendments to K.S.A. 44-567 limit the Workers Compensation Fund's liability under both K.S.A. 44-567(a)(1) and (a)(2). As a result, the 1993 amendments limit Fund liability for occurrences after July 1, 1994, in both "but for" and "contribution" types of cases.

Appeal from Workers Compensation Board. Opinion filed February 28, 1997. Affirmed.

Eric T. Lanham, of McAnany, Van Cleave & Phillips, P.A., of Lenexa, for appellants.

Gary L. Jordan, of Jordan Law Office, of Ottawa, for appellee Kansas Workers Compensation Fund.

Before BRAZIL, C.J., ELLIOTT and KNUDSON, JJ.

ELLIOTT, J.: Respondent Unified School District No. 229 and its insurance carrier, the Kansas Association of School Boards, appeal an order dismissing the Workers Compensation Fund from this workers compensation case.

We affirm.

Claimant alleged she was injured in the course of her employment in September 1994. The Fund was impled pursuant to K.S.A. 44-567. This case revolves around the 1993 amendments to K.S.A. 44-567. The Fund claims the 1993 amendments limit its liability occurring after July 1, 1994, in both "but for" and "contribution" types of cases.

The problem is that the legislature only included the July 1, 1994, limiting language under 44-567(a)(1) and did not repeat it in (a)(2). We addressed the issue in Shain v. Boeing Military Airplanes, 22 Kan. App. 2d 913, 924 P.2d 1280 (1996). No petition for review was filed. The Shain court ruled the 1993 amendments limited Fund liability under both subsections of K.S.A. 44-567(a). 22 Kan. App. 2d at 917-18.

Under Shain, the Board's ruling in the present case was correct.

Affirmed.

1REPORTER'S NOTE: Previously filed as an unpublished opinion, the Supreme Court granted a motion to publish by an order dated March 18, 1997, pursuant to Rule 7.04 (1996 Kan. Ct. R. Annot. 40).