287.035. Partners, sole proprietors may elect to receive benefits for themselves--employees, effect--insurer's liability--intent of law--withdrawal of employee from coverage, procedure.
Partners, sole proprietors may elect to receive benefits forthemselves--employees, effect--insurer's liability--intent oflaw--withdrawal of employee from coverage, procedure.
287.035. 1. The benefits provided by this chapter resulting fromwork-related injuries shall apply to partners or sole proprietors, only whensuch partners or sole proprietors have individually elected to procureinsurance policy protection for themselves against injuries sustained while inthe pursuit of their vocation, profession or business.
2. An election by partners or sole proprietors to secure the protectionof the benefits authorized by this chapter for themselves shall include theiremployees, if any, who are not eligible for compensation benefits except asprovided by this section.
3. As respects the extension of benefits to employees pursuant to thissection, there shall be general application of the compensation law; provided,however, section 287.030 shall be construed to encompass the limitedapplication of this section to employers having less than five employees.
4. Insurers who underwrite the protection authorized by this sectionshall be directly and primarily liable for the benefits provided by thischapter.
5. It is the expressed intent of this section to allow the optionalpurchase of the protection for workers' injuries sustained by partners or soleproprietors, including their employees, while in the pursuit of theirvocation, profession or business. As provided in this chapter, administrativeand appellant jurisdiction shall be extended in regard to disagreementsbetween injured individuals and their insurers, but any provision of thischapter requiring an employer-employee status, where none exists, is herebywaived to accomplish the limited application of this section.
6. (1) This chapter shall apply to any employee who is related to apartner or sole proprietor within the third degree of affinity orconsanguinity unless such employee is withdrawn by the partner or soleproprietor from the coverage of the provisions of this chapter;
(2) Any partner or sole proprietor who wishes to withdraw from coverageany employee set forth in subdivision (1) of this subsection from theprovisions of this chapter may do so by indicating such withdrawal fromcoverage under the provisions of a valid workers' compensation insurancepolicy by listing such employees to be withdrawn. The notice of withdrawalshall be in a manner and on a form as determined by the director of thedepartment of insurance, financial institutions and professional registration. Such form shall require a list of those family member employees to bewithdrawn, as described in subdivision (1) of this subsection. The withdrawalshall take effect and continue from the effective date of the insurance policyand any endorsements thereto up until the expiration date of the insurancepolicy or by written notice to the group self-insurer of which the employer isa member.
(L. 1983 H.B. 556, A.L. 1998 H.B. 1237, et al.)