Application of act to certain businesses or employments, lands and premises

44-506. Application of act to certain businesses or employments, lands and premises. The workmen's compensation act shall not be construed to apply to business or employment which, according to law, is so engaged in interstate commerce as to be not subject to the legislative power of the state, nor to persons injured while they are so engaged: Provided, That the workmen's compensation act shall apply also to injuries sustained outside the state where: (1) The principal place of employment is within the state; or (2) the contract of employment was made within the state, unless such contract otherwise specifically provides: Provided, however, That the workmen's compensation act shall apply to all lands and premises owned or held by the United States of America by deed or act of cession, by purchase or otherwise, which is within the exterior boundaries of the state of Kansas and to all projects, buildings, constructions, improvements and property belonging to the United States of America within said exterior boundaries as authorized by 40 U.S.C. 290, enacted June 25, 1936. History: L. 1927, ch. 232, § 6; L. 1970, ch. 190, § 1; L. 1974, ch. 203, § 6; July 1. Source or prior law: L. 1911, ch. 218, § 7; R.S. 1923, 44-506. Law Review and Bar Journal References: Mentioned in note on workmen's compensation and what law will apply in interstate commerce, 4 K.L.R. 599, 602 (1956). Lands, premises and projects owned by the United States government not covered under prior law, Robert F. Bennett, 39 J.B.A.K. 107, 195 (1970). "Potential Federalization of State Workmen's Compensation Law—The Kansas Response," James C. Wright and James P. Rankin, 15 W.L.J. 244, 255 (1976). Survey of workmen's compensation, Ann Hoover, 15 W.L.J. 409, 413 (1976). "Workmen's Compensation—Major Changes in Employments Covered, Benefits, Defenses, Offsets, and Other Changes," Alvin D. Herrington, 24 K.L.R. 611, 618 (1976). "Survey of Kansas Law: Workers' Compensation," William A. Kelly, 27 K.L.R. 377, 387 (1979). "Concurrent Jurisdiction: Should Your Compensation Claim Be Filed In Kansas, Missouri, Or Both," William W. Hutton, J.K.T.L.A. Vol. XIV, No. 6, 15 (1991). "Conflict of Laws in Kansas: A Guide to Navigating the Dismal Swamp," Terri Savely Bezek, 71 J.K.B.A. No. 8, 21 (2002). "Workers Compensation Review," Jan L. Fisher, Editor, J.K.T.L.A. Vol. 26, No. 2, 19 (2002). "Workers Compensation Review," Jan L. Fisher, Editor, J.K.T.L.A. Vol. 26, No. 4, 26 (2003). "Workers Compensation Review," Jan L. Fisher, Editor, J.K.T.L.A. Vol. 27, No. 2, 21 (2003). "Workers Compensation Review," Joseph Seiwert, Editor, J.K.T.L.A. Vol. 30, No. 5, 15 (2007). CASE ANNOTATIONS Explanation, see Revisor's Note under article title, chapter 44, article 5. Cases through 1973 FEDERAL EMPLOYERS' LIABILITY ACT —After 1939 federal amendment (1-9) 1. Amendment of the federal employers' liability act in 1939 was intended to bring within scope of that act all employees whose work at the time of injury was not in actual interstate transportation or a part of it, but any part of whose work furthered interstate commerce, or in any way affected such commerce directly or closely, and substantially. Piggue v. Baldwin, 154 Kan. 708, Syl. 4, 121 P.2d 183 (1942). 2. A railroad track which carries both interstate and intrastate traffic is an instrumentality of interstate commerce. Piggue v. Baldwin, 154 Kan. 708, Syl. 2, 121 P.2d 183 (1942). 3. One who is repairing a railroad car used to keep interstate tracks clear is in interstate commerce. Piggue v. Baldwin, 154 Kan. 708, 712, 121 P.2d 183 (1942). 4. Cleaner and painter of engines used in interstate commerce under federal employers' liability act. Williams v. Chicago, Rock Island & Pac. Rly. Co., 155 Kan. 813, 814, 130 P.2d 596 (1942). 5. Railroad employees whose duties are of trivial character are nevertheless under the federal act. Harris v. Missouri Pac. Rld. Co., 158 Kan. 679, 681, 149 P.2d 342 (1944). 6. Railroad switch engine "herder" under federal employers' liability act, not this act. Krouse v. Lowden, 153 Kan. 181, 184, 109 P.2d 138 (1941). 7. A railroad employee whose employment at the time of an accident brings him within the federal act is not at such time subject to the Kansas act. Krouse v. Lowden, 153 Kan. 181, 184, 109 P.2d 138 (1941). 8. Railroad worker filling sand bags for flood control held engaged in interstate commerce. Skanks v. Union Pac. Rld. Co., 155 Kan. 584, 127 P.2d 431 (1942). 9. When facts are established, it is a question of law as to which act employee was subject. Skanks v. Union Pac. Rld. Co., 155 Kan. 584, 586, 127 P.2d 431 (1942). —Before 1939 federal amendment (12-16) 12. Workman injured repairing engine in roundhouse; engine was used in interstate commerce until two days before accident and was again three days after accident; not in interstate commerce while in roundhouse; accident within act. Taylor v. Missouri Pac. Rld. Co., 146 Kan. 668, 669, 73 P.2d 62 (1937). 13. Workman injured while removing culvert pipes to clear for a new railroad bridge; not in interstate commerce. Baxter v. Chicago, R. I. & P. Rly. Co., 139 Kan. 443, 449, 32 P.2d 451 (1934). 14. Workman carrying off loose rail of switch track in railway yards not engaged in interstate commerce. Begley v. Missouri Pac. Rld. Co., 128 Kan. 790, 280 P. 902 (1929); certiori denied, 280 U.S. 613, 50 S. Ct. 162, 74 L.Ed. 655. 15. Workman repairing interstate railroad track is engaged in interstate commerce. Coil v. Payne, 114 Kan. 636, 220 P. 172 (1923). 16. A car repairer is not engaged in interstate commerce. Defenbaugh v. Railroad Co., 102 Kan. 569, 572, 171 P. 647; certiori denied, 280 U.S. 613, 50 S. Ct. 162, 74 L.Ed. 655 (1918). IN GENERAL (18-21) 18. Federal employers' liability act superseded all state laws upon that subject. Schaefer v. Lowden, 147 Kan. 520, 522, 78 P.2d 48 (1938). 19. Questions relating to interstate commerce not raised below not reviewable. Koshka v. Railroad Co., 114 Kan. 126, 217 P. 293 (1923). 20. Traveling man injured on highway within territory is within act; fact that his territory was in three states did not make him engaged in interstate commerce. Kennedy v. Hull & Dillon Packing Co., 130 Kan. 191, 196, 285 P. 536 (1930). 21. Truck accident; part of employer's business was interstate transportation and so licensed; accident on intrastate trip within compensation act. Wilbeck v. Grain Belt Transportation Co., 181 Kan. 512, 313 P.2d 725 (1957). INJURIES OUTSIDE OF STATE —Kansas contracts (22-27) 22. Injury outside state; successive contracts of employment, with last one being made in Kansas, this section applied and compensation allowed. Evans v. Tibbetts, 134 Kan. 131, 132, 133, 4 P.2d 399 (1931). 23. Employment contract made in Kansas; accident in Wyoming; employee not held to strict proof on where contract of employment was made; compensable. Scott v. Kansas Western Pipe Line Co., 158 Kan. 160, 166, 146 P.2d 366 (1944). 24. Where an acceptance is given by telephone to an offer of employment, the place of contracting is where the acceptor speaks his acceptance. Pearson v. Electric Service Co., 166 Kan. 300, 302, 201 P.2d 643 (1949). 25. Employment offered by telephone from Missouri and workman accepted in Kansas; injured in Missouri; Kansas act is applicable. Hartigan v. Babcock & Wilcox Co., 191 Kan. 331, 380 P.2d 383 (1963). 26. Whether act applies to injury outside state considered, not decided. Hicks v. Swift & Co., 101 Kan. 760, 168 P. 905 (1917). 27. Injury compensable under Kansas or Missouri law; federal injunction against Missouri claim denied. Yellow Cab Transit Co. v. Overcash, 133 F.2d 228, 229, 230, 231 (1942). PROVISO INAPPLICABLE TO INJURIES OCCURRING WITHIN STATE (28-30) 28. Nonresident employer; workman injured within state; employment contract made outside state; act applicable. Coble v. Williams, 177 Kan. 743, 282 P.2d 425 (1955). 29. An employer doing business in Kansas is liable to employee injured in Kansas, even though the contract of employment was made outside of Kansas. Coble v. Williams, 177 Kan. 743, 749, 282 P.2d 425 (1955). 30. This section has application to injuries outside the state, and in no sense excludes our courts from taking jurisdiction where the injury has occurred within the state. Coble v. Williams, 177 Kan. 743, 749, 282 P.2d 425 (1955). Cases after 1973 31. Employment contract made in Oklahoma; no Kansas jurisdiction where accident also occurred there. Morrison v. Hurst Drilling Co., 212 Kan. 706, 707, 512P.2d 438. 32. Contract of employment held made in Oklahoma; act not applicable. Smith v. McBride & Dehmer Construction Co., 216 Kan. 76, 530 P.2d 1222. 33. Court's determination that employment contract made in Missouri supported by substantial competent evidence. Neumer v. Yellow Freight System, Inc., 220 Kan. 607, 556 P.2d 202. 34. Act applies to injuries sustained outside the state if the principal place of employment of claimant (professional hockey player) is within the state. Knelson v. Meadowlanders, Inc., 11 Kan. App. 2d 696, 698, 732 P.2d 808 (1987). 35. Airlines not exempted from state regulation, stewardess not precluded from coverage. Graff v. Trans World Airlines, 267 Kan. 851, 861, 983 P.2d 258 (1999). 36. Act applies to contract for employment made within Kansas where injury occurred in Missouri. Shehane v. Station Casino, 27 Kan. App. 2d 257, 3 P.3d 551 (2000). 37. Workers compensation benefits denied; contract of employment provided for Indiana law to apply to such cases. Shields v. K.A.T. Transportation, 30 Kan. App. 2d 1069, 53 P.3d 1242 (2002). 38. Claimant failed to show his place of employment was in Kansas or that has work contract was made in Kansas, (injury in California). Speer v. Sammons Trucking, 35 Kan. App. 2d 132, 128 P.3d 984 (2006). Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Documents USEFUL LINKS Session Laws Kansas Administrative Regulations OTHER LEGISLATIVE SITES Kansas Legislature Administrative Services Division of Post Audit Research Department Contact Us PDF Help www.ksrevisor.gov 2026