Henderson v. Gardner Mechanical Contractors, Inc.

*399OPINION

JACOBSON, Chief Judge.

Two issues are presented by this appeal: (1) Whether Employer’s Liability coverage is automatically afforded to an employer for work related injuries incurred by an employee who has rejected workers’ compensation coverage; and (2) What is a “hazardous occupation” under the Employer’s Liability Law?

These issues arise out of a consolidation of two actions seeking a determination of liability for on-the-job injuries incurred by an employee who had previously rejected the protection of the Workers’ Compensation Act. The first, a personal injury action brought by the…