(a) Any employee, or the parent or guardian of any minor employee, who has given notice to the employer that he or she claimed his or her right of action at common law may waive that claim by filing a notice in writing with the director and the employer, or his or her agent, which shall take effect five (5) days after the filing with the director. (b) Any corporate officer, or manager, managing member, or member of a limited-liability company who has given notice to the employer and its workers’ compensation insurance carrier that they claimed their right of action at common law may waive that claim by filing a notice in writing with the director and the employer or their agent and its workers’ compensation insurance carrier which shall take effect five (5) days after the filing with the director. The insurance carrier shall keep a copy of the notice consistent with the rules and regulations of the department. (c) Any person who is appointed a corporate officer between January 1, 1999, and December 31, 2001, and was not previously an employee of the corporation may elect to become subject to chapters 29 — 38 of this title upon filing a notice in writing with the director and his or her employer and its workers’ compensation insurance carrier which notice takes effect five (5) days after the filing of his or her notice.
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