An Act To Enhance the Workers' Compensation Board Advocate Program
Maine Legislature, Session 123, LD 1439
Committee Amendment CA_A_S179 (Senate)
Amends: 2 MRSA §6-E, 39-A MRSA §153-A

COMMITTEE AMENDMENT" 4" to S.P., 506, L.D. 1439, Bill, "An Act To 
Enhance the Workers' Compensation Board Advocate Program" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: ' 
'Sec. I. 2 MRSA §6-E, sub-§2, as enacted by PL 1993, c. 145, §1, is amended to 
read: 
2. General counsel. The salary of the general counsel is within salary range U 89. 
Sec. 2. 39-A MRSA §153-A, sub-§3, as amended by PL 2003, c. 608, §ll, is 
further amended to read: 
3. Advocates and advocate attorneys. The executive director shall hire advocates 
and advocate attorneys under the authority of section 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 combination of appropriate experience, education and training in 
advocacy or dispute resolution; 
(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. 
A-I. The minimum qualifications for employment as an advocate attorney must 
1 
include at least admission to the practice of law in the State and current registration 
with the Board of Overseers of the Bar or eligibility for admission to practice law in 
the State, as long as the advocate attorney is admitted to practice law in the State and 
COMMITTEE AMENDMENT 
., . 
... 
COMMITTEE AMENDMENT" A " to S.P. 506, L.D. 1439 
is registered with the Board of Overseers of the Bar within 12 months of the date the 
advocate attorney was hired. 
B. The board shall ensure that advocates and advocate attorneys receiverappropriate 
and ongoing education and training. 
C. 
An advocate or advocate attorney may not represent before the board any 
insurer, self-insurer or 3rd-party administrator for a period of 2 years after 
terminating employment with the board. 
Sec. 3. 39-A MRSA §153-A, sub-§4, as enacted by PL 1997, c. 486, §4, is 
amended to read: 
4. Duties of advocates and advocate attorneys. Advocates and advocate attorneys 
have the following duties: 
A. 
Assisting qualified employees in matters regarding workers' compensation 
claims, including negotiations; 
B. 
Acting as an information resource to qualified employees on laws, decisions, 
rules, policies and procedures of the board; 
C. 
Assisting and advocating on behalf of qualified employees to obtain appropriate 
rehabilitation, return to work and employment security services; 
D. 
Meeting with or otherwise communicating with insurers, employers and health 
care and other authorized providers in order to assist qualified employees; 
E. 
Assisting and advocating on behalf of qualified employees in any mediation or 
hearing proceeding under the jurisdiction of the board; and 
F. 
Maintaining confidentiality of information and communications with respect to 
the assistance and representation provided to qualified employees. 
Sec. 4. 39-A MRSA §153-A, sub-§5, as enacted by PL 1997, c. 486, §4, is 
amended to read: 
5. Legal advice to advocates and advocate attorneys. The board's general counsel 
shall assign a staff attorney as necessary to advise advocates and, as necessary, advocate 
attorneys on the preparation of qualified employees' cases at the formal hearing stage. 
Sec. 5. 39-A MRSA §153-A, sub-§6, as enacted by PL 1999, c. 410, §1, is 
amended to read: 
6. 
Case management authority of advocates and advocate attorneys. 
An 
advocate or advocate attorney has the authority to: 
A. 
Manage and prioritize the advocate's or advocate attorney's caseload to 
efficiently move cases through the board mediation and hearing process and to 
achieve resolution; 
B. 
With the written approval of the staff attorney, decline cases or cease assistance 
to an employee when the advocate or advocate attorney after investigation finds: 
(1) Timely notice of the injury was not given by the employee to the employer, 
pursuant to this Act; 
COMMITTEE AMENDMENT 
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",. 
COMMITTEE AMENDMENT ';A .. to S.P. 506, L.D. 1439 
(2) The statute of limitations has expired; 
(3) The employee's case is based on an argument or issue adversely determined 
by the Supreme Judicial Court; 
( 
(4) The employee's case is based on a claim of discrimination governed by 
section 353; 
(5) There is no record of medical assessment stating that the employee's injury 
was either caused by, aggravated by or precipitated by the employee's work or, 
when the issue is aggravation, there is no record of medical assessment stating 
that the employee's work aggravated a preexisting condition in a significant 
manner; or 
(6) The employee has admitted to a fraudulent act, has been convicted of a 
fraudulent act by a court of competent jurisdiction or has been found to have 
committed a fraudulent act by the abuse investigation unit of the board; and 
C. 
With the written approval of the staff attorney, present lump-sum settlements on 
cases pursuant to section 352. 
A qualified employee whose case is declined or whose advocate or advocate attorney 
assistance ceases pursuant to this subsection may appeal the action to the executive 
director of the board, within 30 days of the action. The executive director's ruling on the 
appeal is final and is not subject to judicial review. 
If the executive director finds 
assistance by an advocate or advocate attorney should resume, the employee must be 
assigned to an advocate or advocate attorney other than the advocate or advocate attorney 
who declined the case or ceased assistance. 
Sec. 6. Appropriations and allocations. The following appropriations and 
allocations are made. 
WORKERS' COMPENSATION BOARD 
Administration - Workers' Compensation Board 0183 
Initiative: Allocates funds to implement a reorganization to enhance the Workers' 
Compensation Advocate Program by providing a range change from 86 to 89 for one 
Public Service Executive II (Workers' Compensation Board General Counsel) position, 
reclassifying one Public Service Manager II (Deputy Senior Staff Attorney) range 29 
position to a Public Service Manager II (Senior Staff Attorney) range 33 position, 
reclassifying one Workers' Compensation Advocate range 24 position to a Public Service 
Manager II (Deputy Senior Staff Attorney) range 29 position, reclassifying eligible 
Workers' Compensation Advocate range 24 positions to Workers' Compensation 
Advocate Attorney range 27 positions, permitting a Workers' Compensation Advocate 
position that is vacant or may become vacant to be reclassified to a Workers' 
Compensation Advocate Attorney position, providing a range change from 24 to 27 for 
all Workers' Compensation Advocate positions and reclassifying 6 Paralegal Assistant 
range 18 positions to Paralegal range 20 positions. 
OTHER SPECIAL REVENUE FUNDS 
2007-08 
2008-09 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A " to S.P. 506, L.D. 1439 
Personal Services 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
SUMMARY 
$146,232 
($146,232) 
$0 
$156,792 
($156,792) 
>' 
i 
$0 
This amendment establishes a new Workers' Compensation Advocate Attorney 
classification, reclassifies qualified Workers' Compensation Advocates to Workers' 
Compensation Advocate Attorneys, provides for the reclassification of vacant Workers' 
Compensation Advocate positions to Workers' Compensation Advocate Attorney 
positions, reclassifies other staff attorney and paralegal positions and provides a range 
change from 86 to 89 for the Workers' Compensation Board General Counsel position. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05/22/07 ;tvac:.. 
f 
LD 1439 
LR 1507(02) 
An Act To Enhance the Workers' Compensation Board Advocate Program 
Fiscal Note for Bill as Amended by Committee Amendment "A " 
Committee: Labor 
Appropriations/Allocations 
Other Special Revenue Funds 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
2007-08 
$0 
2008-09 
$0 
Projections 
2009-10 
$0 
Projections 
2010-11 
$0 
This bill includes Other Special Revenue Funds allocations of$146,232 in fiscal year 2007-08 and $156,792 in fiscal 
year 2008-09 to the personal services line category within the Workers' Compensation Board Administrative Fund and 
corresponding Other Special Revenue Funds deallocations to the all other line category to fund a reorganization within 
the Workers' Compensation Board to enhance the Workers' Compensation Advocate program. 
LR1507(02) - Fiscal Note - Page 1 of 1