§386-51.5  Limited liability in concurrent employment.  Where an employee is concurrently engaged in more than one employment covered by this chapter and sustains a personal injury in one employment under conditions specified in section 386-3, the liability of the employer shall be limited to the benefits as would be payable had the employee no other employment than the one in which the employee was injured.  The balance of the employee's benefits shall be paid from the special compensation fund, except that benefits for disability rated as a percentage of total impairment of physical or mental function of the whole person shall be the sole liability of the employer. [L 1970, c 53, §2; gen ch 1985, 1993; am L 1998, c 281, §1]

Case Notes

  Section does not address the circumstance of multiple concurrent employers being simultaneously liable for the employee's benefits; in such circumstances, the director may apportion liability among the liable employers; the apportionment of liability may be in proportion to the wages earned by the employee in the employ of each of those employers.  94 H. 70, 9 P.3d 382 (2000).