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.