An Act To Amend the Laws Regarding Appeals from Decisions Issued by the Workers' Compensation Board
Maine Legislature, Session 123, LD 1285
Committee: Labor
Sponsors: WESTON, DOW
Amends: 39-A MRSA §322, 39-A MRSA §322-A

Legislative Document 
S.P.448 
An Act To Amend the Laws Regarding Appeals from Decisions 
Issued by the Workers' Compensation Board 
Reference to the Committee on Labor suggested and ordered printed. 
No. 1285 
March 9, 2007 
JOY J. O'BRIEN 
Secretary of the Senate 
Presented by Senator WESTON of Waldo. 
Cosponsored by Senator: DOW of Lincoln. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 39-A MRSA §322, as enacted by PL 1991, c. 885, Pt. A, §8 and affected 
by §§9 to 11, is amended to read: 
§322. Appeal from decision of bearing officer 
1. Appeals. Any party in interest may present a copy of the decision of a hearing 
officer or a deeision of the board, if the board has revie',ved a deeision pursuant to seetion 
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to the clerk of the Law Court within 20 days after receipt of notice of the filing of 
the decision by the hearing officer or the board. Within 20 days after the copy is filed 
with the Law Court, the party seeking review by the Law Court shall file a petition 
seeking appellate review with the Law Court that sets forth a brief statement of the facts, 
the error or errors of law that are alleged to exist and the legal authority supporting the 
position of the appellant. 
2. PFoeeEiuFes. The Law Court shall establish and publish proeedures for the review 
of petitions for appellate reyiew of deeisions of the board. 
3. Discretionary appeal; action. Upon the approval of 3 or more members of a 
panel consisting of no fewer than 5 Justices of the Law Court, the petition for appellate 
review may be granted. If the petition for appellate review is denied, the decision of the 
booffi hearing officer is final. The petition must be considered on written briefs only. 
If the petition for appellate review is granted, the clerk of the Law Court shall notify the 
parties of the briefing schedule consistent with the Maine Rules of Civil Procedure and in 
all respects the appeal before the Law Court must be treated as an appeal in an action in 
which equitable relief has been sought, except that there may be no appcal upon findings 
of fact. The Law Court may, after due consideration, reverse, modify or aftim1 any 
decision of the booffi hearing officer. 
Sec. 2. 39-A MRSA §322-A is enacted to read: 
§322-A. Appeal from decision of board 
1. Appeals. If the board has reviewed a decision pursuant to section 320, any party 
in interest aggrieved by the final determination of the board may appeal therefrom to the 
Law Court. The party seeking review shall present a copy of the decision of the board to 
the clerk of the Law Court within 20 days after receipt of notice of the filing of the 
decision by the board. Within 20 days after the copy is flIed with the Law Court, the 
party seeking review by the Law Court shall file a petition seeking appellate review with 
the Law Court that sets forth a brief statement of the facts, the error or errors of law that 
are alleged to exist and the legal authority supporting the position of the appellant. 
2. Procedures. The Law Court shall establish and publish procedures for the review 
of petitions for appellate review of decisions of the board. The clerk of the Law Court 
shall notify the parties of the briefing schedule consistent with the Maine Rules of Civil 
Procedure and in all respects the appeal before the Law Court must be treated as an 
appeal in an action in which equitable relief has been sought, except that there may be no 
appeal upon findings of fact. The Law Court may, after due consideration, reverse, 
modify or affirm any decision of the board. 
SUMMARY 
Under current law, if the Workers' Compensation Board reviews the decision of a 
hearing officer, the Maine Supreme Judicial Court has discretion to review the decision of 
the board, upon the appeal of an aggrieved party. This bill changes the procedure and 
provides instead that a party aggrieved by such a decision of the Workers' Compensation 
Board may appeal that decision to the Maine Supreme Judicial Court as a matter of right.