7

Brillhart v. Scheier, 758 P.2d 219 (Kan. 1988). A dissenting judge felt that the priest was an employee, and that his negligence should have been imputed to the diocese. The dissenter pointed to the following factors: (1) the diocese issued the priest W--2 forms each year; (2) the priest was on call 24 hours a day; (3) the priest's term of employment was indefinite; (4) the priest's work clearly furthered the regular business of the diocese; (5) the priest “was not engaged in an independent occupation in the sense that he contracts with different churches to perform pastoral services on a job--by--job basis; rather, he is engaged solely in his parish and can accept no other assignments without the consent of the bishop.”