UNINSURED EMPLOYERS'S FUND v. Lutter

CHASANOW, Judge.

This case presents the question of whether officers of Maryland close corporations, who decide not to purchase workers’ compensation insurance for themselves but fail to notify the State of their decision and are subsequently injured working for the corporation, may collect workers’ compensa*337tion benefits from the state-operated Uninsured Employers’ Fund. We hold that uninsured close corporation officers are not “covered employees” under the Workers’ Compensation Act when they decide, in their capacity as corporate officers, not to carry insurance for themselves and they fail…