| Date: | 12/08/2008 |
|---|---|
| Organization: | Department of Industrial Accidents |
| Docket Number: | DIA Board No. 033171-05 |
| Location: | Boston |
- Claimant: Garth A. Findlay
- Employer: Garth A. Findlay d/b/a Jog Construction Co.
- Insurer: Liberty Mutual Insurance Co.
KOZIOL, J. This case concerns the operation and effect of St. 2002, c. 169, which amended § 1(4) of Chapter 152, so as to provide sole proprietors who purchase workers' compensation coverage for their businesses, the option of being covered as an "employee" under the Act for their own work-related injuries. The sole proprietor of Jog Construction Company, Garth Findlay, asserts that an administrative judge erred in determining that he was not an employee under § 1(4), either expressly or by operation of estoppel, and in denying and dismissing his claim for weekly workers' compensation benefits. For the reasons that follow, we affirm that decision.