C.R.S. § 8-41-202: Rejection of coverage by corporate officers and others.

(1) Notwithstanding any provisions of articles 40 to 47 of this title 8 to the contrary, a corporate officer of a corporation or a member of a limited liability company may elect to reject the provisions of articles 40 to 47 of this title 8. If so elected, the corporate officer or member shall provide written notice on a form approved by the division through a rule adopted by the director of the election to the workers' compensation insurer of the employing corporation or company, if any. If there is no workers' compensation insurance company, the notice shall be provided to the division. The notice becomes effective the day following receipt of the notice by the insurer or the division.

(2) A corporate officer's or member's election to reject the provisions of articles 40 to 47 of this title shall continue in effect so long as the corporation's or company's insurance policy is in effect or until said officer or member, by written notice to the insurer, revokes the election to reject said provisions.

(3) Nothing in this section shall be construed to limit the responsibility of corporations or limited liability companies to provide coverage for their employees as required under articles 40 to 47 of this title. An election to reject coverage pursuant to this section may not be made a condition of employment.

(4) As used in this section:

(a) "Corporate officer" means the chairperson of the board, president, vice-president, secretary, or treasurer who is an owner of at least ten percent of the stock of the corporation and who controls, supervises, or manages the business affairs of the corporation, as attested to by the secretary of the corporation at the time of the election.

(b) "Member" means an owner of at least ten percent of the membership interest of the limited liability company at all times and who controls, supervises, or manages the business affairs of the limited liability company.