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Controlling Workers Compensation Costs for Employers

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California Workers’ Compensation Uniform Statistical Reporting Plan—1995 Effective January 1, 2012

The following sections of the California Unit Statistical Reporting Plan and California Labor Code pertain to covering an owner under the workers' compensation insurance policy.

Part 3 — Standard Classification System

Section V — Payroll — Remuneration

j. Executive Officers

The entire remuneration earned by each executive officer during the policy period shall be used as the payroll, subject to a minimum remuneration of $40,300 per annum and a maximum remuneration of $104,000 per annum for each executive officer covered under the policy. This provision also applies to executive officers of a corporation while the corporation is covered as a member of a partnership or joint venture operation and to executive officers of a limited liability company.

"Executive officers", as used herein, means those officers of a corporation or a limited liability company commonly known and styled as president, vice president, secretary, assistant secretary, treasurer or assistant treasurer and shall include, in addition thereto, any other executive officers enumerated in and empowered by the charter or any regularly adopted by-laws of the corporation and who are elected or appointed and empowered by the directors or set forth in the operating agreement of a limited  liability company.

When such persons are not executive officers during the entire policy period, the payroll limitation shall be prorated based upon the number of weeks that such persons were executive officers during the policy period.

California Code - Section 3600

(a) Liability for the compensation provided by this division, in lieu of any other liability whatsoever to any person except as otherwise specifically provided in Sections 3602, 3706, and 4558, shall, without regard to negligence, exist against an employer for any injury sustained by his or her employees arising out of and in the course of the employment and for the death of any employee if the injury proximately causes death, in those cases where the following conditions of compensation concur:

(1) Where, at the time of the injury, both the employer and the employee are subject to the compensation provisions of this division.

(2) Where, at the time of the injury, the employee is performing service growing out of and incidental to his or her employment and is acting within the course of his or her employment.

(3) Where the injury is proximately caused by the employment, either with or without negligence.

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