4150. When an employer has in his employment any person not
included within the term "employee" as defined by Article 2 of
Chapter 2 of Part 1 of this division or a person not entitled to
compensation under this division, such employer and such person
employed by him may, by their joint election, come under the
compensation provisions of this division in the manner hereinafter
provided.
4151. Election on the part of the employer shall be made in one of
the following ways:
(a) By insuring against liability for compensation, in which case
he is deemed, as to all persons employed by him and covered by
insurance, to have so elected during the period such insurance
remains in force.
(b) By filing with the administrative director a statement to the
effect that he accepts the compensation provisions of this division.
4152. The statement, when filed, shall operate, within the meaning
of Chapter 3 (commencing with Section 3600), to subject him or her to
the compensation provisions thereof for the term of one year from
the date of filing. Thereafter, without further act on his or her
part, he or she shall be so subject for successive terms of one year
each, unless at least 60 days prior to the expiration of such first
or succeeding year, he or she files with the administrative director
a notice that he or she withdraws his or her election.
4153. Such statement of acceptance includes persons whose
employment is both casual and not in the course of the trade,
business, profession, or occupation of the employer, unless expressly
excluded therefrom.
4154. Where any employer has made an election in either of the
modes above prescribed, any person in his service is deemed to have
accepted the compensation provisions of this division if, at the time
of the injury for which liability is claimed:
(a) Such employer is subject to the compensation provisions of
this division and;
(b) Such person in his service has not, either upon entering into
the employment, or within five days after the filing of an election
by the employer, given to such employer notice in writing that he
elects not to be subject to the compensation provisions of this
division.
In case of such acceptance, the person employed becomes subject to
the compensation provisions at the time of the filing of the
election or entry in the employment.
4155. The State and each county, city, district, and public agency
thereof and all State institutions are conclusively presumed to have
elected to come within the provisions of this division as to all
employments otherwise excluded from this division.
4156. No liability for compensation shall attach to any employer of
a person excluded by subdivision (h) of Section 3352 from the
definition of "employee" for an injury to or the death of a person so
excluded which occurs on or after the effective date of this section
if such employer elected to come under the compensation provisions
of this division pursuant to subdivision (a) of Section 4151 prior to
the effective date of this section by purchasing or renewing a
policy providing comprehensive personal liability insurance
containing a provision for coverage against liability for the payment
of compensation, as defined in Section 3207 of the Labor Code, to
any person defined as an employee by subdivision (d) of Section 3351
of the Labor Code; provided, however, nothing in this section shall
prohibit an employer from providing compensation pursuant to the
provisions of this chapter.
4157. Where any employer has made an election pursuant to this
chapter to include under the compensation provisions of this division
an independent contractor engaged in vending, selling, offering for
sale, or delivering directly to the public any newspaper, magazine,
or periodical, the status of such person as an independent contractor
for all other purposes shall not be affected by such election.
4150. When an employer has in his employment any person not
included within the term "employee" as defined by Article 2 of
Chapter 2 of Part 1 of this division or a person not entitled to
compensation under this division, such employer and such person
employed by him may, by their joint election, come under the
compensation provisions of this division in the manner hereinafter
provided.
4151. Election on the part of the employer shall be made in one of
the following ways:
(a) By insuring against liability for compensation, in which case
he is deemed, as to all persons employed by him and covered by
insurance, to have so elected during the period such insurance
remains in force.
(b) By filing with the administrative director a statement to the
effect that he accepts the compensation provisions of this division.
4152. The statement, when filed, shall operate, within the meaning
of Chapter 3 (commencing with Section 3600), to subject him or her to
the compensation provisions thereof for the term of one year from
the date of filing. Thereafter, without further act on his or her
part, he or she shall be so subject for successive terms of one year
each, unless at least 60 days prior to the expiration of such first
or succeeding year, he or she files with the administrative director
a notice that he or she withdraws his or her election.
4153. Such statement of acceptance includes persons whose
employment is both casual and not in the course of the trade,
business, profession, or occupation of the employer, unless expressly
excluded therefrom.
4154. Where any employer has made an election in either of the
modes above prescribed, any person in his service is deemed to have
accepted the compensation provisions of this division if, at the time
of the injury for which liability is claimed:
(a) Such employer is subject to the compensation provisions of
this division and;
(b) Such person in his service has not, either upon entering into
the employment, or within five days after the filing of an election
by the employer, given to such employer notice in writing that he
elects not to be subject to the compensation provisions of this
division.
In case of such acceptance, the person employed becomes subject to
the compensation provisions at the time of the filing of the
election or entry in the employment.
4155. The State and each county, city, district, and public agency
thereof and all State institutions are conclusively presumed to have
elected to come within the provisions of this division as to all
employments otherwise excluded from this division.
4156. No liability for compensation shall attach to any employer of
a person excluded by subdivision (h) of Section 3352 from the
definition of "employee" for an injury to or the death of a person so
excluded which occurs on or after the effective date of this section
if such employer elected to come under the compensation provisions
of this division pursuant to subdivision (a) of Section 4151 prior to
the effective date of this section by purchasing or renewing a
policy providing comprehensive personal liability insurance
containing a provision for coverage against liability for the payment
of compensation, as defined in Section 3207 of the Labor Code, to
any person defined as an employee by subdivision (d) of Section 3351
of the Labor Code; provided, however, nothing in this section shall
prohibit an employer from providing compensation pursuant to the
provisions of this chapter.
4157. Where any employer has made an election pursuant to this
chapter to include under the compensation provisions of this division
an independent contractor engaged in vending, selling, offering for
sale, or delivering directly to the public any newspaper, magazine,
or periodical, the status of such person as an independent contractor
for all other purposes shall not be affected by such election.
4150. When an employer has in his employment any person not
included within the term "employee" as defined by Article 2 of
Chapter 2 of Part 1 of this division or a person not entitled to
compensation under this division, such employer and such person
employed by him may, by their joint election, come under the
compensation provisions of this division in the manner hereinafter
provided.
4151. Election on the part of the employer shall be made in one of
the following ways:
(a) By insuring against liability for compensation, in which case
he is deemed, as to all persons employed by him and covered by
insurance, to have so elected during the period such insurance
remains in force.
(b) By filing with the administrative director a statement to the
effect that he accepts the compensation provisions of this division.
4152. The statement, when filed, shall operate, within the meaning
of Chapter 3 (commencing with Section 3600), to subject him or her to
the compensation provisions thereof for the term of one year from
the date of filing. Thereafter, without further act on his or her
part, he or she shall be so subject for successive terms of one year
each, unless at least 60 days prior to the expiration of such first
or succeeding year, he or she files with the administrative director
a notice that he or she withdraws his or her election.
4153. Such statement of acceptance includes persons whose
employment is both casual and not in the course of the trade,
business, profession, or occupation of the employer, unless expressly
excluded therefrom.
4154. Where any employer has made an election in either of the
modes above prescribed, any person in his service is deemed to have
accepted the compensation provisions of this division if, at the time
of the injury for which liability is claimed:
(a) Such employer is subject to the compensation provisions of
this division and;
(b) Such person in his service has not, either upon entering into
the employment, or within five days after the filing of an election
by the employer, given to such employer notice in writing that he
elects not to be subject to the compensation provisions of this
division.
In case of such acceptance, the person employed becomes subject to
the compensation provisions at the time of the filing of the
election or entry in the employment.
4155. The State and each county, city, district, and public agency
thereof and all State institutions are conclusively presumed to have
elected to come within the provisions of this division as to all
employments otherwise excluded from this division.
4156. No liability for compensation shall attach to any employer of
a person excluded by subdivision (h) of Section 3352 from the
definition of "employee" for an injury to or the death of a person so
excluded which occurs on or after the effective date of this section
if such employer elected to come under the compensation provisions
of this division pursuant to subdivision (a) of Section 4151 prior to
the effective date of this section by purchasing or renewing a
policy providing comprehensive personal liability insurance
containing a provision for coverage against liability for the payment
of compensation, as defined in Section 3207 of the Labor Code, to
any person defined as an employee by subdivision (d) of Section 3351
of the Labor Code; provided, however, nothing in this section shall
prohibit an employer from providing compensation pursuant to the
provisions of this chapter.
4157. Where any employer has made an election pursuant to this
chapter to include under the compensation provisions of this division
an independent contractor engaged in vending, selling, offering for
sale, or delivering directly to the public any newspaper, magazine,
or periodical, the status of such person as an independent contractor
for all other purposes shall not be affected by such election.
