WORKERS COMP: Company owner is company officer and afforded workers compensation coverage unless rejected: KENTUCKY EMPLOYERS MUTUAL INSURANCE V. J & R MINING, INC. (COA 3/7/2008)

KENTUCKY EMPLOYERS MUTUAL INSURANCE V. J & R MINING, INC.
WORKERS COMP:  Coverage of owner
2007-CA-001901
PUBLISHED: AFFIRMING
PANEL: DIXON PRESIDING; CLAYTON, GRAVES CONCUR
COUNTY:  WORKERS COMP BOARD
DATE RENDERED: 3/7/2008

Earl Reed, an owner with his wife of J& R Mining, Inc., was killed while working for his company. The insurer, KEMI, contested coverage on the basis that he was an owner and had not elected to be covered by the policy. The Court held that, as an officer of the corporation, he was an employee of the corporation, requiring rejection of coverage filed in Frankfort on a particular form. Since this was not done, and the signature on an exclusion form provided by the insurer was questioned, the Court held that the decedent was covered by workers’ compensation.

Peter Naake, editor