An Act To Improve Collection of Information about Work-related Injuries and To Enhance Injury Prevention Efforts LR0444(02)
Maine Legislature, Session 121, LD 0398
Committee Amendment CA_A_S80 (Senate)
Amends: 39-A MRSA §152, 39-A MRSA §154, 39-A MRSA §303

COMMITTEE AMENDMENT 
.. A .. to S.P. 135, L.D. 398, Bill, "An 
Act 
To 
Improve 
Collection of 
Information about Work-related 
Injuries and To Enhance Injury Prevention Efforts" 
Amend 
the bill by 
striking out all of 
section 
and 
inserting in it place the following: 
'Sec. 1. 39-A MRSA §152, sub-§2-A is enacted to read: 
2-A. 
Electronic filing. 
The 
board 
shall 
adopt 
rules 
requ~n.ng the electronic filing of information required by this 
Act and by board rule. 
Rules adopted pursuant to this subsection 
are major substantive rules as defined in Title 5, chgpter 375, 
subchapter 2-A, except that rules requiring in-state carriers to 
electronically file first reports of injury that have caused an 
employee to lose a day's work, as provided in section 303, are 
~outine technical rules. 
Sec. 2. 39-A MRSA §154, sub-§6, as amended by PL 2001, c. 692, 
§1, is further amended to read: 
6. 
Assessment levied. 
The assessments levied under this 
section may not be designed to produce more than 
$9r~~~,.oo.o..-,iB 
~eveB~eS-aBBQa~~y-~~~~~~-~~~~-~-~~~-yea~r-me~e-~aaB 
$9T9ggTggg-~~~-ge~iBBiB~-~~-~ae-~~~-~iseal-~~--meFe 
~aaB-~~~~~~~-,iB-~~-~-~isea±-~~-~~-~aaB 
$+Tg~9Tggg-~~~~-~~~-~isea±-~~-~-~~-~aaB $6,860,000 in 
revenues annually beginning in the 2002-03 fiscal year, more than 
$6,933,000 
in fiscal 
year 
2003-04 
or 
more 
than 
$7,056,000 
beginning in fiscal year 2004-05. 
Assessments collected that 
exceed 
$9Tgg~rggg--~~~--iB--~~--199§-99--~-~~--yeaFT 
$9T9ggTggg--ge~iBBiB~--iB--~ae--199+-9g--~iseal--yeaFT --$9T+~§TQGG 
Page l-LR0444(2) 
COMMITTEE AMENDMENT 
R.ofS. 
COMMITTEE AMENDMENT .. )t .. to S.P. 135, L.D. 398 
ae~iRRiR~-~~-~-1999-QQ-~~~--yearr-$+TQ6§TQQQ-~~-~~~-yea~ 
6QQI-Q6--e~ $6,860,000 beginning in the 
2002-03 
fiscal yearL 
$6,933,000 in fiscal year 2003 04 or $7,056,000 beginning in 
fiscal year 2004-05 by a margin of more than 10% must be refunded 
to those who paid the assessment. 
Any amount collected above the 
board's allocated budget and within the 10°'1> margin must be used 
to create a reserve of up to 1/4 of the board's annual budget. 
Any collected amounts or savings above the allowed reserve must 
be used to reduce the assessment for the following fiscal year. 
The board shall determine the assessments prior to May 1st and 
shall 
assess 
each 
insurance 
company 
or 
association 
and 
self-insured employer its pro rata share for expenditures during 
the fiscal year beginning July 1st. 
Each self-insured employer 
shall pay the assessment on or before June 1st. 
Each insurance 
company or association shall pay the assessment in accordance 
with subsection 3. 
Sec. 3. 39-A MRSA §303, as amended by PL 1999, c. 354, §5, is 
further amended to read: 
§303. 
Reports to board 
When any employee has reported to an employer under this Act 
any injury arising out of and in the course of the employee's 
employment that has caused the employee to lose a day's work, or 
when the employer has knowledge of any such injury, the employer 
shall report the injury to the board within 7 days after the 
employer receives notice or has knowledge of the 1nJury. The 
employer shall also report the average weekly wages or earnings 
of 
the 
employee, 
as 
defined in section 102, 
subsection 4, 
together with any other information required by the board, within 
days after the employer receives notice or has knowledge of a 
claim for compensation under section 212, 213 or 215, unless a 
wage statement has previously been filed with the board. 
A copy 
of the wage information must be mailed to the employee. 
The 
employer shall report when the injured employee 
resumes 
the 
employee's employment and the amount of the employee's wages or 
earnings at that time. 
The employer shall complete 
a first 
report of injury form for any injury that has 
required the 
services of 
a health care provider within 7 
days after the 
employer receives notice or has knowledge of the 1nJury. 
The 
employer shall provide a copy of the form to the injured employee 
and retain a copy for the employer's records but is not obligated 
to submit the form to the board unless the injury later causes 
the employee to lose a day's work or the employer is reguired by 
board rules to electronically submit the form to the board. If an 
employer is insured, the responsibility to ensure that a timely 
and accurate injury report is filed under this section rests with 
the insurer. 
The board shall audit compliance with this section 
COMM/rrEE AMENDMENT 
~'o\s. 
COMMITTEE AMENDMENT .Jt .. to S.P. 135, L.D. 398 
when it conducts audits of insurers pursuant to section 153, 
subsection 9 and section 359.' 
Further amend the bill by striking out all of section 3 and 
inserting in its place the following: 
· Sec. 3. Legislative intent; interpretation. 
It is the intent of 
the Legislature that the cap on the assessment under the Maine 
Revised Statutes, Title 39-A, section 154 as amended in this Act 
is increased as provided in this Act by $73,000 in fiscal year 
2003-04 and $196,000 in 2004-05 and thereafter. 
It is also the 
intent that any other increases in the cap in other legislation 
enacted during the First Regular Session of the 121st Legislature 
be in addition to the increases provided in this Act, except that 
there may be only one increase attributable to rules relating to 
electronic filing. 
Sec. 
4. 
Appropriations 
and 
allocations. 
appropriations and allocations are made. 
WORKERS' COMPElfSATION BOARD 
Administration - Workers' Compensation Board 0183 
The 
following 
Initiative: 
Allocates funds for one Programmer Analyst position 
and for the set-up, consulting and training costs associated with 
implementing an electronic filing system. 
Other Special Revenue Funds 
Positions - Legislative Count 
Personal Services 
All Other 
Other Special Revenue Funds Total 
2003-04 
(1. 000) 
$42,356 
$30,000 
$72,356 
2004-05 
(1.000) 
$60,365 
$135,000 
$195,365' 
Further amend the bill by relettering 
nonconsecutive 
Part 
letter 
or 
section 
consecutively. 
or renumbering any 
number 
to 
read 
SUMMARY 
This amendment is the majority report of the Joint Standing 
Committee on Labor. 
It retains current law regarding the filing 
of forms relating to lost-time injuries and wage statements. 
It 
provides that the board may, by rule, require the electronic 
filing of forms relating to injuries that required the services 
of a health care provider but did not result in loss of a day's 
work. 
The amendment also adds a specific provision allowing the 
board to adopt rules requiring electronic filing 
as 
routine 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT .. A· to S.P. 135, L.D. 398 
technical 
rules. 
It also strikes 
the 
section delaying the 
effective date of one of the sections, provides for an increase 
in the limit on assessments to fund the Workers' Compensation 
Board 
Administrative 
Fund 
and 
provides 
that 
the 
assessment 
increase is in addition to any other increase enacted in this 
legislative session. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 04/23/03 frac:.. 
Office of Fiscal and Program Review 
LD398 
An Act To Improve Collection of Information about Work-related 
Injuries and To Enhance Injury Prevention Efforts 
LR0444(02) 
Fiscal Note for Bill as Amended by Committee Amendment ,A, S -& 
Committee: Labor 
Fiscal Note Required: Yes 
Majority Report 
Fiscal Note 
Undetermined current biennium cost increase - All Funds 
Appropriations/Allocations 
Other Special Revenue Funds 
Revenue 
Other Special Revenue Funds 
Fiscal Detail and Notes 
2003-04 
$72,356 
$72,356 
2004-05 
$195,365 
$195,365 
Projections 
2005-06 
$194,517 
$194,517 
Projections 
2006-07 
$198,904 
$198,904 
This bill includes Other Special Revenue Funds allocations of $72,356 in fiscal year 2003-04 and $195,365 in fiscal 
year 2004-05 for one Programmer Analyst position and for the setup, consulting, and training costs associated with 
implementing an electronic filing system. This bill also increases the assessment cap to $6,933,000 in fiscal year 
2003-04 and $7,056,000 in fiscal year 2004-05 for the costs associated with implementing the electronic filing system. 
Increasing the workers' compensation assessment will increase the cost to all State government agencies (all funds) 
for the workers' compensation portion of personal services expense. The amount cannot be determined at this time. 
The cost to the Department of Labor to convene a working group can be absorbed utilizing existing budgeted 
resources. 
LR0444(2) - Fiscal Note - Page 1 of 1