(a) Subject to subsection (b) of this section, an officer of a corporation or a member of a limited liability company is a covered employee if the officer or member provides a service for the corporation or limited liability company for monetary compensation.
(b) An individual who otherwise would be a covered employee under this section may elect to be exempt from coverage if:
(1) the individual:
(i) is an officer of a close corporation, as defined in § 4–101(b) of the Corporations and Associations Article; or
(ii) is an officer of a close corporation, as defined under the laws of the jurisdiction in which the corporation is incorporated;
(2) subject to subsection (c)(3) of this section, the individual is an officer of a corporation, other than a close corporation;
(3) the individual:
(i) is an officer of a corporation that earns at least 75% of its income from farm operations; and
(ii) owns at least 20% of the outstanding capital stock of the corporation;
(4) the individual:
(i) is an officer of a professional corporation, as defined in § 5–101(c) or (f) of the Corporations and Associations Article;
(ii) owns at least 20% of the outstanding capital stock of the corporation; and
(iii) performs for the corporation a professional service, as defined in § 5–101(g) of the Corporations and Associations Article; or
(5) the individual:
(i) is a member of a limited liability company, as defined in § 4A–101(k) of the Corporations and Associations Article; and
(ii) owns at least 20% of the outstanding interests in profits of the limited liability company.
(c) (1) A corporation or limited liability company shall submit to the Commission and to the insurer of the corporation or limited liability company a written notice that names the individual who has made an election to be exempt under subsection (b) of this section.
(2) An election under subsection (b)(1) or (b)(4) of this section is not effective until a corporation or limited liability company complies with this subsection.
(3) No more than five officers of a corporation described in subsection (b)(2) of this section may elect to be exempt under subsection (b)(2) of this section.
(d) The Commission shall adopt regulations to carry out this section.
Structure Maryland Statutes
Title 9 - Workers' Compensation
Subtitle 2 - Covered Employees and Employers
Section 9-201 - Employers Subject to Title
Section 9-202 - Covered Employee
Section 9-203 - Site of Employment
Section 9-204 - Election to Be Subject to Title
Section 9-205 - Casual Employee
Section 9-206 - Corporate or Limited Liability Company Officer
Section 9-207 - Department of Natural Resources -- Crew Members and Firefighters
Section 9-208 - Distributor or Seller of Newspapers
Section 9-209 - Domestic Servant
Section 9-214 - Maintenance Worker or Remodeler
Section 9-217 - Official of Political Subdivision
Section 9-218 - Owner Operator of Class F (Tractor) Vehicle
Section 9-222 - Real Estate Salesperson and Associate Real Estate Broker
Section 9-223 - Recipient Under Federal Law
Section 9-224 - Recipient of Public Assistance
Section 9-225 - Resident in Facility
Section 9-227 - Sole Proprietor
Section 9-230 - Vanpool Operator or Passenger
Section 9-231 - Volunteer -- in Certain Subdivisions
Section 9-231.1 - Volunteer -- Unit of State Government
Section 9-232 - Volunteer -- Civil Defense
Section 9-232.1 - Volunteer -- Civil Defense Emergency Volunteers
Section 9-234 - Volunteer Fire or Rescue Company
Section 9-235 - Worker for Aid or Sustenance
Section 9-236 - Service in Course of Business, Occupation, Profession, or Trade of Employer