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Posted By TimB4 on 01/27/2015 9:13 PM
Roger,
Is is actual workers comp insurance subject to the States workers comp commmission, or an insurance policy/rider that provides coverage similar to workers comp?
The situation occured where two handymen were each hired as an independent contractors to maintain the common elements. One of the handymen got on roofs to make repairs and to clean gutters (both of which are commmon elements in this townhome association). After hashing this out amongst Board members a special Board meeting was called with the insurance agent and the HOA attorney in attendance to determine the most effective method, including costs, to resolve this. Ultimately all present decided the best procedure was to list the two independent contractors as insured under the Pinnocol Workers Comp Insurance. Their insurance agent worked this out with Pinnacol, the Workers Comp insurance company in Colorado. Meanwhile, to my knowledge, this has never been tested in Court.
Since then, due to about $4,000 increase in cost of this Workers Comp when they get on a roof, I have convinced the Board to hire a roofing contractor to do all work requiring getting on a roof. The 2 handymen still are covered under Workers Comp for all other common elements work.