Insurance & LiensQuestion 460 of 1632

A roofing corporation has two shareholders who are also its only officers, and no other workers. Regarding workers' compensation coverage for themselves, they may:

a.Never obtain coverage at all, because officers are always excluded
b.Elect exclusion in writing if they meet the ownership test
c.Be covered only while each one earns less than minimum wage
d.Be excluded automatically, with nothing filed by anyone

Explanation

§3351(c) makes an officer or member of the board of directors of a private or quasi-public corporation an employee while rendering actual service to the corporation for pay, and §3352(a)(16)(A)(i) is the way out: such an officer may execute a written waiver if he owns at least 10 percent of the issued and outstanding stock of the corporation, or at least 1 percent where a parent, grandparent, sibling, spouse or child owns at least 10 percent and the officer is covered by a health insurance policy or health care service plan. Both halves matter — the ownership stake and the signed waiver — which is why (a) and (d) are wrong in opposite directions: coverage is the default position, and the exclusion never takes effect on its own. (c) invents an earnings test the section does not contain; what the 1 percent route conditions the waiver on is health coverage, not wage level. Two shareholder-officers of a roofing corporation can therefore both opt out, but only on paper and only if their holdings qualify.

Law Reference: Labor Code §3351(c); §3352(a)(16)(A)(i)

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