An Act To Use the Date of Injury To Calculate the Average Weekly Wage in Occupational Disease Cases
Maine Legislature, Session 123, LD 1259
Committee Amendment CA_A_H372 (House)
Amends: 39-A MRSA §606

COMMITTEE AMENDMENT·A" to H.P. 887, L.D. 1259, Bill, "An Act To Use 
the Date of Injury To Calculate the Average Weekly Wage in Occupational Disease 
Cases" 
Amend the bill by striking ouf everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 39-A MRSA §606, as amended by PL 1995, c. 462, Pt. A, §81, is further 
amended to read: 
§606. Date from which compensation is computed; employer liable 
The date when an employee becomes incapacitated by an occupational disease from 
performing the employee's work in the last occupation in which the employee was 
injuriously exposed to the hazards of the occupational disease is the date of the injury 
equivalent to the date of injury under the former Workers' Compensation Act or the 
Maine Workers' Compensation Act of 1992. When compensation is payable for an 
occupational disease, the employer in whose employment the employee was last 
injuriously exposed to the hazards of the occupational disease and the insurance carrier, if 
any, on the risk when the employee was last exposed under that employer, are liable. The 
amount of the compensation must be based on the average wages of the employee whea 
last exposed I:IHdef that eH'lplo~'ef aHd Hotiee on the date of injury. Notice of injury and 
claim for compensation must be given to that the employer in whose employment the 
employee was last injuriously exposed to the hazards of the occupational disease. On the 
date of incapacity, if the employee is no longer working in the same occupation in which 
the employee incurred the last injurious exposure, then the average wages as of the date 
of injury of comparable employees employed full-time in the same occupation as the 
employee at the time of the employee's last injurious exposure must be used to determine 
the amount of compensation. The only employer and insurance carrier liable are the last 
employer in whose employment the employee was last injuriously exposed to the hazards 
of the disease during a period of 60 days or more and the insurance carrier, if any, on the 
risk when the employee was last so exposed, under that employer. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT 4 to H.P. 887, L.D. 1259 
Sec. 2. Prospective application. The provisions of this Act have prospective 
effect only. ' 
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SUMMARY 
The amendment clarifies that the amount of compensation in occupational disease 
cases is based on wages in the occupation in which the employee was working at the time 
of the employee's last injurious exposure, even though the employee may no longer be 
working in that occupation. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05/21/07 frac:.. 
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LD 1259 
LR 1600(02) 
An Act To Use the Date of Injury To Calculate the Average Weekly Wage in Occupational Disease 
Cases 
Fiscal Detail and Notes 
Fiscal Note for Bill as Amended by Committee Amendment ,/t" 
Committee: Labor 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - All Funds 
Additional costs to the State's Workers' Compensation program associated with this provision are expected to be 
minor and can be absorbed within existing budgeted resources. 
LR1600(02) - Fiscal Note - Page 1 of 1