Gorrell v. Battelle

Citations

• 93 Kan. 370
• 144 P. 244
• 1914 Kan. LEXIS 440

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Workmen’s Compensation Act — Statutory Presumption that Injured Employee is within its Purview — Affirmative Defense by Employer. The statutory presumption that all employers affected by the workmen’s compensation act are within its provisions obtains until the contrary appears, and nonliability to an action for compensation because of an election to stand outside the provisions of the act is an affirmative defense.</p> <p>2. Same. An employer who in good faith denies liability on the ground of such an election should ask the court to investigate that subject first and thereby save the time and expense of a further trial. In all but the most exceptional cases the certificate of the secretary of state will settle the dispute, and the court may require the production of such certificate at any time. Unless the record on appeal clearly discloses that the defense was specifically and unequivocally brought to the attention of the trial court while it had possession of the case this court will consider the defense as abandoned.</p> <p>3. Workmen’s Compensation Act — Awards Compensation for Incapacity to Work as a Result of Injury. The workmen’s compensation act awards compensation for incapacity to work as a result of injury. This means compensation for loss of earning power as a workman as a result of injury, whether the loss manifest itself in inability to perform obtainable work or inability to secure work to do.</p> <p>4. Same — Compensation During Incapacity — When Compensation Should Cease. The workmen’s compensation act provides for compensation during incapacity, and the implication is that compensation should cease when incapacity ends. In an action, for compensation the duration of incapacity is a question of fact to be determined as other questions of fact are determined, and a challenge of the correctness of the trial court’s conclusion respecting the duration of incapacity will be considered on appeal in the same way as oth