Election by sole proprietor; physical examination; payment of premiums; effect of failure to pay premiums; withdrawal of election.
1. A sole proprietor may elect to be included within the terms, conditions and provisions of this chapter to secure for himself compensation equivalent to that to which an employee is entitled for any occupational disease contracted by the sole proprietor which arises out of and in the course of his self-employment by filing a written notice of election with the Administrator and a private carrier.
2. A private carrier may require a sole proprietor who elects to accept the terms, conditions and provisions of this chapter to submit to a physical examination by a physician selected by the private carrier before the commencement of coverage and on a yearly basis thereafter. If a private carrier requires such a physical examination, the private carrier shall prescribe the scope of the examination and shall consider it for rating purposes. The cost of the physical examination must be paid by the sole proprietor.
3. A sole proprietor who elects to submit to the provisions of this chapter shall pay to the private carrier premiums in such manner and amounts as may be prescribed by the regulations of the Commissioner.
4. If a sole proprietor fails to pay all premiums required by the regulations of the Commissioner, the failure operates as a rejection of this chapter.
5. A sole proprietor who elects to be included under the provisions of this chapter remains subject to all terms, conditions and provisions of this chapter and all regulations of the Commissioner until he files a written notice with the private carrier and the Administrator that he withdraws his election.
6. For purposes of this chapter, a sole proprietor shall be deemed to be an employee receiving a wage of $300 per month.
Last modified: February 25, 2006