UNINSURED EMPLOYERS'S FUND v. Lutter

The majority holds today that an officer of a close corporation who deliberately fails to purchase workers’ compensation insurance for himself cannot thereafter collect benefits from the State Uninsured Employers’ Fund when the officer is injured on the job. I respectfully dissent.

The majority’s holding directly contravenes the express language of the statute governing coverage under the Act of close corporation officers, in order to achieve a result which is admittedly more desirable but nonetheless incorrect. Moreover, the contrived and internally contradictory reasoning by which the…