(Download) "Warburton v. Warkentin" by Supreme Court of Kansas ~ eBook PDF Kindle ePub Free
eBook details
- Title: Warburton v. Warkentin
- Author : Supreme Court of Kansas
- Release Date : January 07, 1959
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
The opinion of the court was delivered by This appeal, authorized by G.S. 1949, 44-710b (c), is by the
Labor Commissioner of the State of Kansas from a judgment of the
district court of Montgomery County, Kansas, which reversed a
decision of the State Labor Commissioner holding D.L. Warburton,
d/b/a Deluxe Cab Company, to be a liable employer under the
Kansas Employment Security Law. (G.S. 1949, 44-701, et seq., as
amended.) Basically two questions are presented: (1) Whether the
relationship of employer and employee exists between the
appellee, D.L. Warburton, and the drivers of his taxicabs within
the meaning of the provisions of G.S. 1957 Supp., 44-703(i) and
(o) of the Employment Security Law, and (2) whether the Labor
Commissioner may issue an order establishing the appellee's
liability for contributions as a contributing employer under the
Kansas Employment Security Law retroactively. The facts disclosed by the record, except for minor factual
differences, are the same as those which confronted the court in
Read v. Warkentin, Commissioner, 185 Kan. 286, 341 P.2d 980. In
fact, counsel for the respective parties in the Read case (No.
41,438) and in the instant case (No. 41,443) joined in a motion
to consolidate the two cases in this court. The motion to
consolidate was denied on May 1, 1959. In such motion counsel for
the respective parties disclosed "that all except one of the
major issues involved in each of said cases are the same."
Question No. 1 above was presented in the Read case but not
question No. 2.