Decision

Decision  Lee Hutchins v. United Landscaping LLC

Date: 12/13/2006
Organization: Department of Industrial Accidents
Docket Number: DIA Board No. 024282-04
Location: Boston
  • Employee: Lee Hutchins
  • Employer: United Landscaping LLC
  • Insurer: Zurich American Insurance Co.

CARROLL, J. The insurer appeals from a decision in which an administrative judge awarded workers’ compensation benefits to the employee of the employer Limited Liability Company (LLC) for an injury indisputably arising out of and in the course of his employment. The insurer argues that the employee was a "member" of the LLC, under the statute creating such entities,2 and therefore was not covered by the compulsory insurance mandate of the act. The insurer argues that the employee, as a member of the LLC, could elect to carry workers’ compensation coverage, but had not done so. We disagree with the insurer’s interpretation of the applicable statutes, and affirm the decision.

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1 The reviewing board solicited amicus briefs or memoranda from members of the Massachusetts Bar. None was received as of the due date of November 17, 2006.

2  General Laws c. 156C, § 12(b), provides, in pertinent part:

A limited liability company formed under this chapter shall be a separate legal entity, the existence of which as a separate legal entity shall continue until cancellation of the limited liability company’s certificate of organization.

    General Laws c. 156C, § 22, provides, in pertinent part:

Except as otherwise provided by this chapter, the debts, obligations and liabilities of a limited liability company, whether arising in contract, tort or otherwise, shall be solely the debts, obligations and liabilities of the limited liability company; and no member or manager of a limited liability company shall be personally liable, directly or indirectly, including without limitation, by way of indemnification, contribution, assessment or otherwise, for any such debt, obligation or liability of the limited liability company solely by reason of being a member or acting as a manager of the limited liability company.

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