An Act To Amend Survivors' Benefits under the Workers Compensation Laws
Maine Legislature, Session 123, LD 1327
Committee: Labor
Sponsors: STRIMLING, CLARK, PRIEST, RAND, SIMPSON, BARTLETI
Amends: 39-A MRSA §215

Legislative Document 
No. 1327 
H.P.935 
House of Representatives, March 12,2007 
An Act To Amend Survivors' Benefits under the Workers' 
Compensation Laws 
Reference to the Committee on Labor suggested and ordered printed. 
Presented by Representati ve WATSON of Bath. 
Cosponsored by Senator STRIMLING of Cumberland and 
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/J7·711~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: CLARK of Millinocket, PRIEST of Brunswick, RAND of Portland, 
SIMPSON of Auburn, Senator: BARTLETI of Cumberland. 
Printed nn ra:ydecJ paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 39-A MRSA §215, as enacted by PL 1991, c. 885, Pt. A, §8 and affected 
by §§9 to 11, is amended to read: 
§215. Death benefits 
1. Death of employee. If death results from the injury of an employee, the employer 
shall payor cause to be paid to the dependents of the employee who were wholly 
dependent upon the employee's earnings for support at the time of the injury, a weekly 
payment equal to 80% of the employee's after-tax average weekly wage, but not more 
than the maximum benefit under section 211, for a period of 500 ' .... eeks from the date of 
eeatfl.. If the employee leaves dependents only partially dependent upon the employee's 
earnings for support at the time of injury, the employer shall pay weekly compensation 
equal to the same proportion of the weekly payments for the benefit of persons wholly 
dependent, as 80% of the amount contributed by the employee to such partial dependents 
bears to the annual earnings of the deceased at the time of injury. If, at tAe expiration of 
the 500 week period, any 'Nholly or partiall)' dependent person is less than 18 years of 
age, the emplo)'er shall eontinl:!e to payor eal:!se to Be paid the weekly eomp6nsation \:inti! 
that person reaehes the age of 18. 
If a dependent spouse dies or becomes a dependent of another person, the payments must 
cease upon the payment to the spouse of the Balanee of the comf'lensation to which tlte 
sf'lol:!se , .... ol:!ld otherwise have Been entitled But in no ovent to exeeed tAe sum of $500.00 
unless any wholly dependent or partially dependent person is less than 18 years of age, in 
which case the employer shall continue to payor cause to be paid weekly compensation 
until that person reaches 18 years of age. The remaining 'Neeks of compensation, if any, 
are payaBle to those persons eithcr who II)' or partially def'lendent l:!pon the employee for 
support at the emplo)'ee's death. The Board shall determine the amount of compensation 
or portion thereof that is payaBle \'t'eeldy to the wholl)' or partially dependent person. 
'.Vhen, at the e)(piration of the 500 'Neel, I'leriod, any wholl)' or partial I)' dependent f'lerson 
is less than 18 years of age, the employer shall continl:!e to f'la)' or eal:!se to Be paid the 
' .... eeld)' comf'lensation, l:!ntil that person reaches the age of 18. 
The f'la)'ment of 
compensation to any def'lendent child after the expiration of the 500 weel, f'leriod ceases 
when the ehild reaches the age of 18 years, if at the age of 18 years the chi Id is neither 
physically nor mentally ineapacitated from eaffling, or when the child reaches tAe age of 
years and thereafter is self sl:!pporting for 6 months. If tho child ceases to Be self 
sl:!pporting thereafter, the dependeney ml:!st Be reinstated. As long as any of tAe 500 
'Neel,s of compensation remain, that compensation is payaBle to the person either wholl)' 
or partiall)' dependent upon the deceased ernplo)'oe for sUf'lport at the time of the 
employee's death, , .... ,ith the exception of a dependent spouse who Becomes a def'leAdent of 
another. If a wholly dependent or partially dependent child who reaches 18 years of age is 
either physically or mentally incapacitated from earning then the payments must continue 
until such time as the child either dies or is no longer physically or mentally incapacitated 
from earning. 
1. Death of aft itljuFed emfJloyee. The death of the injured employee prior to the 
expiration of the f'leriod ","ithin whieh the emplo)'ee 'Nol:lld receive weeld)' payments ends 
the disability and all liabilit), for the remainder of the payments that the employee '""ould 
have received in case the employee had lived is terminated, but the employer is liable for 
the foilo'""ing death benefits in lieu of any further disability indemni1)'. 
A. 
If the injury received by the employee was the proximate cause of the 
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employee's death and the deceased emplo)'ee leaves dependents wholly or partially 
dependent on the employee for support, the death benefit must be a sum sufficient, 
when added to the indemni1)' benefits that at the time of death have been paid or 
become payable under section 212 or 213 to the deceased employee, to make the total 
compensation for the injury and death eql:lal to the full amount that the dependents 
'would have been entitled to receive under subsection 1 if the injury had resulted in 
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immediate death. Benefits under this paragraph are payable in the same manner as if 
the injur)' resulted in immediate death. 
B. 
If an application for benefits has been filed but has not been decided by the 
board or is en appeal and the employee dies from a cause unrelated to the employee's 
injury, the proceedings may be continued in the name of the employee's personal 
representative. In such a case, any benefits a1Narded are payable up to time of death 
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and must be paid to the same beneficiaries and in the same amounts as ,>,,could have 
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been payab Ie if the employee had suffered a compensable injl:lry resulting in death. 
SUMMARY 
This bill amends the law governing survivors' benefits under the workers' 
compensation laws to remove the SOO-week limitation on survivors' benefits. 
P,ag,~:'~ - 123LR160WJl,-1