Ks WC – Family exclusion does not apply to Corporations

June 27 2012

Employee was injured while working for Knoll Building Maintenance. The ALJ denied employee's claim, finding the Kansas WC Act did not apply because all shareholders in Knoll were members of the same family. Appeals Board reversed in part and remanded, finding exclusion for family members set forth in K.S.A. 44-505(a)(2) did not apply to Knoll Corp. because corporations cannot have a family by marriage or consanguinity. Fund petitioned for review and Court of Appeals held that the 44-502(a)(2) exclusion only applies to natural persons.