Presley v. Bennett

OPINION

ANDERSON, Justice.

This direct appeal presents the issue of whether the filing of a notice of election of workers’ compensation coverage with the Department of Labor is mandatory where the parties have agreed to be bound by the Act. Here, the employer-contractor and the subcontractor orally agreed to be bound by the Workers’ Compensation Act. The contractor withheld funds for workers’ compensation insurance for the subcontractor and his employees from the subcontractor’s contract payments, but neither party filed a notice of election of coverage with the Department of Labor pursuant to…