An Act To Promote Decision Making Within the Workers Compensation Board
Maine Legislature, Session 121, LD 1909
Committee: Labor
Sponsors: EDMONDS, TREADWELL, BLAIS, DAVIS, BRUNO, DUPREY, FISCHER, RICHARDSON, SA VIELLO, WATSON
Amends: 2 MRSA §6, 2 MRSA §6-E, 24-A MRSA §3706, 39-A MRSA §102, 39-A MRSA §151, 39-A MRSA §152

Legislative Document 
No. 1909 
S.P.750 
In Senate, March 4, 2004 
An Act To Promote Decision Making Within the Workers' 
Compensation Board 
(EMERGENCY) 
Reference to the Committee on Labor suggested and ordered printed. 
JOY J. O'BRIEN 
Secretary of the Senate 
Presented by Senator EDMONDS of Cumberland. (GOVERNOR'S BILL) 
Cosponsored by Representative TREADWELL of Carmel and 
Senators: BLAIS of Kennebec, DAVIS of Piscataquis, Representatives: BRUNO of Raymond, 
DUPREY of Medway, FISCHER of Presque Isle, RICHARDSON of Brunswick, SA VIELLO 
of Wilton, WATSON of Bath. 
Printed on recycled paper 
Emergency preamble. Whereas, Acts of the Legislature do not 
become effective until 90 days after adjournment unless enacted 
as emergencies; and 
Whereas,waiting for the 90-day period to elapse would cause 
undue delay in the appointment of the Executive Director of the 
Workers' Compensation Board and the realignment of the board to 
enable a simple majority of the board to make decisions; and 
Whereas, it would be detrimental to claimants and employers 
and would waste state resources to perpetuate unnecessarily an 
inefficient, and often deadlocked, administrative structure; and 
Whereas, in the judgment of the Legislature, these facts 
create an emergency within the meaning of the Constitution of 
Maine 
and 
require 
the 
following 
legislation 
as 
immediately 
necessary for the preservation of the public peace, health and 
safety; now, therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 2 MRSA §6, sub-§I, as amended by PL 2003, c. 469, Pt. 
A, §1, is further amended to read: 
1. 
Range 91. 
The salaries of the following state officials 
and employees are within salary range 91: 
Commissioner of Transportation; 
Commissioner of Conservation; 
Commissioner of Administrative and Financial Services; 
Commissioner of Education; 
Commissioner of Environmental Protection; 
Executive Director of Dirigo Health; 
Commissioner of Human Services; 
Commissioner of Behavioral and Developmental Services; 
Commissioner of Public Safety; 
Commissioner of Professional and Financial Regulation; 
Commissioner of Labor; 
Commissioner of Agriculture, Food and Rural Resources; 
Page l-LR2795(1) 
Commissioner of Inland Fisheries and Wildlife; 
Commissioner of Marine Resources; 
Commissioner of Corrections; 
Commissioner of Economic and Community Development; aRa 
Commissioner of Defense, Veterans and Emergency ManagementTL 
and 
Executive Director. Workers' Compensation Board. 
Sec. 2. 2 MRSA §6-E, sub-§l, as enacted by PL 1993, c. 145, 
§1, is repealed. 
Sec. 3. 24-A MRSA §3706, sub-§2, as amended by PL 1991, c. 
885, Pt. D, §2, is further amended to read: 
2. 
Statistical and actuarial data. 
The company ~~S~ ~ 
compile and maintain statistical and actuarial data related to 
the determination of proper premium rate levels, the incidence of 
work-related injuries, costs related to those injuries and any 
other data that the company considers desirable. 
The 
company 
~~S~ shall provide this data to the Superintendent of Insurance, 
the 
GRa;i,~ Executive Director of the Workers' Compensation Board 
and the Department of Labor annually and upon request. 
Sec. 4. 39-A MRSA §102, sub-§5, as enacted by PL 1991, c. 885, 
Pt. A, §8 and affected by §§9 to 11, is amended to read: 
5. 
Board; 
board 
member. 
"Board" 
means 
the 
Workers' 
Compensation Board created by section 151 and includes a designee 
of the board. 
"Board member" means any member of the board, 
including the eRa;i,~ executive director. 
Sec. 5. 39-A MRSA §151, sub-§l, as amended by PL 2003, c. 382, 
§1, is further amended to read: 
1. Board established. 
Pursuant to Title 5, section 12004-G, 
subsection 35, the Workers' Compensation Board is established as 
an independent board composed of 8 1 members. 
The members of the 
board. including the executive director. must be appointed by the 
Governor within 30 days after a new board member is authorized or 
a 
vacancy 
occurs, 
subject 
to 
review 
by 
the 
joint standing 
committee 
of 
the 
Legislature 
having 
jurisdiction over 
labor 
matters and confirmation by the Legislature. 
Notwithstanding the 
provisions of Title 3, section *9* 157, the designated committee 
shall complete its review of the appointments of the Governor 
within 15 days of the Governor's written notice of appointment 
and the vote of the Legislature must be taken no later than 7 
days after the vote of the designated committee. 
~e~F-~&&F&-~~-~~-~~-m~6~--ge The 
board consists of 
representatives 
of 
management 
aBEl---4---RleRlgeFs---fRU6-t---ge~ 
representatives of labor and the executive director appointed 
pursuant to subsection I-A. 
All management representatives must 
be 
appointed 
from 
a 
list provided 
by 
the 
Maine 
Chamber 
of 
Commerce 
and 
Industry 
or 
other 
bona 
fide 
organization 
or 
association of employers. 
All labor representatives must be from 
a list provided by the Executive Board of the Maine AFL-CIO or 
other bona fide labor organization or association of employees 
representing at least 10% of the Maine work force. 
Any list 
submitted to the Governor must have at least 4 times the number 
of names as there are vacancies for the group represented by the 
vacancies. 
A member of the board is not liable in a civil action for any act 
performed in good faith in the execution of duties as a board 
member. 
A member of the board may not be 
a 
lobbyist required to be 
registered with the SeeFe~aFy-e~-S~a~e Commission on Governmental 
Ethics and Election Practices, a service provider to the workers' 
compensation system or a representative of a service provider to 
the workers' compensation system. 
Members 
of 
the board representing management 
and 
labor 
hold 
office for staggered terms of 4 years, commencing and expiring on 
February 1st, except for tbe-JBJ~Ja~-~~~--~~-geaFEl initial 
appointees and members appointed to fill unexpired terms. 
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teFRlS--e~--eBe--RleRlgeF--FepFeseBtiB~--RlaBa~eRleBt--aBEl--9Be--RlemaeF 
FepFeseBtiB~-..J-ab€H:'-~lf-p-i-F-e--F€i:>£~a-£y--l-s-t:--e;E--e-acll--yeaF... 
A member 
representing management or labor may not serve for more than 2 
full terms. 
±'Re-~~--6aaJJ--i-~i-t:-~~~y-~~~~£~€--eBe-~--FepFeseBtiB~ 
RlaBa~emeBt-~~~-Rlemge~-~~~~~-~age~-~~-£-~~r~-eHpiFiB~ 
~eaF~aFY--~r-..J~--~£€--meRlaeF--F-e-p-F-e-~~~i-~-~--a£~--9Be 
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9Be-~--~ep-£e6eB~JB~-~~~t:--~--eBe-~--FepFeseBtiB~ 
laa9F--f9F--teFRls--eHpiFiB~--~eaF~aFy--lT--±999f--aBEl--9Be--RlemaeF 
FepFeseBtiB~-~~-~-eBe--memge~-~~~~-~~--f9F 
teFRls-eHpiFiB~-~eaF~aFY-±T-±997 ... 
Sec. 6. 39-A MRSA §151, sub-§l-A is enacted to read: 
A. 
Ezecutive director. 
The Governor shall appoint an 
executive director, who is the chair and chief executive officer 
of the board. 
The executive director serves at the pleasure of 
the 
Governor. 
Except 
as 
otherwise 
provided, 
the 
executive 
director shall, at the direction of the board, hire personnel as 
necessary to administer this Act, subject to the Civil Service 
Law. 
Sec. 7. 39-A MRSA §151, sub-§§2 and 3, as enacted by PL 1991, 
c. 885, Pt. A, §8 and affected by §§9 to 11, are amended to read: 
2. Removal. 
Board members representing management and labor 
hold office for the terms provided, unless removed, 
and until 
their successors are appointed and qualified. 
They must be sworn 
and may be 
removed by the Governor for inefficiency, willful 
neglect of duty or malfeasance in office, but only with the 
review and concurrence of the joint standing committee of the 
Legislature having jurisdiction over 
s~a~e--anEl--1GGa-],.-~eVeERRleR~ 
~ 
matters 
upon 
hearing 
in 
executive 
session 
or 
by 
impeachment. Before removing a board member, the Governor shall 
notify the President of the Senate and the Speaker of the House 
of Representatives of the removal and the reasons for the removal. 
3. 
Vacancies. 
If a 
vacancy occurs during a 
term of 
a 
management 
or 
labor 
member, 
the 
Governor 
shall 
appoint 
a 
replacement 
to 
fill 
the 
unexpired 
part 
of 
the 
term. 
The 
replacement must be 
from the group represented by the member 
being replaced. 
IR-€~£€-~~~~~iG&-e~-€h~J~-~-~~r-~He 
gea~a-meffie€~-~~-~~~-Ee~-~ae-~~~€£~-~~~~~-&ime-sHa** 
ae~-a6-~~~-~-~~-~-Ge~eFReF-Rlakes-~£-~~~-~~-~i~~-~He 
~aeaReyT 
Sec. 8. 39-A MRSA §151, sub-§4, as enacted by PL 1991, c. 885, 
Pt. A, §8 and affected by §§9 to 11, is repealed. 
Sec. 9. 39-A MRS A §151, sub-§5, as enacted by PL 1991, c. 885, 
Pt. A, §8 and affected by §§9 to 11, is amended to read: 
5. Voting requirements; meetings. 
The board may take action 
only by majority vote of its membership. 
~eeisieRs-~e~a~QiR~-~He 
empleymeR~--e~--aR-~~~-~i~~~---anEl--~h€--appeiR~RleR~--aRa 
~e~eR~ieR-e~-h€~~J£~-~~~~~~~ir~~~~~~i~~~-~~&-e~-a~ 
*easE-~-~~B--memge~s--r~~~-mana~--aRQ-~-~~~--6 
geaFa-~~~~~~-*age~T The board may hold sessions at 
its central off ice or at any other place wi thin the State and 
shall establish procedures through which members 
who 
are not 
~cally present 
may 
participate 
by 
telephone 
or 
other 
remote-access technology. 
Regular meetings 
may be called by the 
executive director or by any 4 members of the board, and all 
members must be given at least 7 days' notice of the time, place 
and agenda of the meeting. 
A guorum of the board is 4 members, 
but a 
smaller number 
may adjourn until a 
quorum is present. 
Emergency meetings may be called by the executive director when 
it is necessary to take action before a regular meeting can be 
scheduled. 
The 
executive director shall make 
all reasonable 
efforts to notify all members as promptly as possible of the time 
and place of any emergency meeting and the specific purpose or 
purposes for which the meeting is called. 
For 
an emergency 
meeting, 
the 4 
members constituting a 
quorum must include at 
least one board member representing management and at least one 
board member representing labor. 
Sec. 10. 39-A MRSA §152, sub-§3, as enacted by PL 1991, c. 
885, Pt. A, §8 and affected by §§9 to 11, is repealed. 
Sec. 11. 39·A MRSA §153-A, sub·§3, as enacted by PL 1997, c. 
486, §4, is amended to read: 
3. 
Advocates. 
The executive director shall hire advocates 
under the authority of section 186 151, subsection ~ I-A, subject 
to the Civil Service Law, who must be qualified by experience and 
training. 
A. The minimum qualifications for employment as an advocate 
must include at least the following: 
(1) 
A 6-year 
education 
and 
resolution; 
combination of 
training 
in 
appropriate experience, 
advocacy 
or 
dispute 
( 2) 
Knowledge 
of 
administrative, 
adjudicatory 
or 
workers' compensation laws, rules and procedures; 
(3) 
Knowledge of legal documents, court procedures and 
rules of evidence; and 
(4) 
Knowledge of medical 
and legal terminology and 
practices with respect to workers' compensation. 
B. The board shall ensure that advocates receive appropriate 
and ongoing education and training. 
C. 
An 
advocate 
may not represent before the board any 
insurer, 
self-insurer 
or 
3rd-party 
administrator 
for 
a 
period of 
years after terminating employment with the 
board. 
Sec. 12. 39·A MRSA §222, sub-§3, ,B, as enacted by PL 1991, c. 
885, Pt. A, §8 and affected by §§9 to 11, is amended to read: 
B. 
The 
superintendent 
executive director of the 
these rules. 
shall 
consult 
with 
the 
gaa,i,1' 
board in formulating and adopting 
Sec. 13. 39-A MRS A §320, as enacted by PL 1991, c. 885, Pt. 
A, §8 and affected by §§9 to 11, is amended to read: 
§320. Review by full board 
Within 5 days e~ after issuing a decision, a hearing officer 
may request that the full board review a decision of the hearing 
officer if the decision involves an issue that is of significance 
to the operation of the workers' compensation system. 
There may 
be no such review of findings of fact made by a hearing officer. 
If a hearing officer asks for review, the time for appeal to 
the Law Court pursuant to section 322 is stayed and no further 
action may be taken until a decision of the board has been made. 
If the board reviews a decision of a hearing officer, any appeal 
must be from the decision of the board. 
The time for appeal 
begins upon the board's issuance of a written decision on the 
merits of the case or written notice that the board denies review. 
YFea-~Re-app£e¥a~-~~-~~j~~~~~-~~~r&~~-~ae-Beal'eT 
~ae-~~--~~-l'eview-may-~-~Faa~eeT The board shall vote on 
whether to review the decision. 
If a majority of the board's 
membership fails to vote to grant review or the board fails to 
act within 
days after 
receiving the initial request 
for 
review, the decision of the hearing officer stands. 
If the board 
votes 
to 
review 
the 
decision, 
the 
board 
may 
delegate 
responsibility for reviewing the decision of the hearing officer 
under this section to panels of board members consisting of equal 
numbers of representatives of labor and management. 
Review must 
be on the record and on written briefs only. 
Upon a 
lIIa~eFi~y 
vote of a majority of the board's membership, the board shall 
issue a written decision affirming, reversing or modifying the 
hearing officer's decision. The written decision of the board 
must be filed with the board and mailed to the parties or their 
counsel. 
±se If the board fails to adopt a decision by majority 
vote, the decision of the hearing officer stands i~-~ae-£es~±~-ef 
~ae-ve~4a~-~~-~~~~-&-ma}eFi~y-ve~e and is subject to direct 
9Ppellate review in the Same manner as if the board had not voted 
to review the decision. 
Sec. 14. Transition. 
The incumbent Executive Director of the 
Workers' Compensation Board on the effective date of this Act 
shall serve until a successor is confirmed and takes office. 
The 
terms 
of 
the 
incumbent 
management 
representative 
and 
the 
incumbent labor representative who have served for the longest 
time on an acting basis conclude immediately upon the effective 
date of this Act. 
The other incumbent management and labor 
representatives shall remain in office until February 1, 2005, 
unless replaced sooner by the Governor. 
No later than August 31, 
2004, 
the employer and labor organizations designated in the 
Maine Revised Statutes, Title 39-A, section 151, subsection 1 
shall each submit lists of 
no 
fewer 
than 
names 
to 
the 
Governor. 
From 
these 
lists, 
the 
Governor 
shall 
appoint 
management representatives and 3 labor representatives to serve 
on 
the 
board. 
The 
terms 
of 
one 
management 
and 
one 
labor 
representative 
expire 
February 
1, 
2006. 
The 
terms 
of 
one 
management and one labor representative expire February 1, 2007. 
The terms of one management and one labor representative expire 
February 1, 2008. 
Emergency clause. 
In view of the emergency cited in the 
preamble, this Act takes effect when approved. 
SUMMARY 
This bill amends the structure of the Workers' Compensation 
Board. 
The board currently consists of 8 individuals. 
This bill 
changes 
the 
board's 
membership 
to 
individuals: 
representatives of labor; 
representatives of management; and 
the executive director of the board. 
The executive director is 
appointed 
by 
the 
Governor 
subject 
to 
confirmation 
by 
the 
Legislature and serves at the pleasure of the Governor. 
The 
executive director also serves as chair of the board. 
The bill provides procedural language guiding the attendance 
and votes of the new board. 
The bill also provides transitional 
language.