An Act To Create a Workers' Compensation Board Appeals Process
Maine Legislature, Session 123, LD 1416
Committee: Labor
Sponsors: MARTIN, JACKSON, CLARK, JOY, TUTTLE
Amends: 39-A MRSA §102, 39-A MRSA §152, 39-A MRSA §213, 39-A MRSA §320, 39-A MRSA §320-A, 39-A MRSA §322

Legislative Document 
No. 1416 
S.P.494 
March 15,2007 
An Act To Create a Workers' Compensation Board Appeals Process 
Reference to the Committee on Labor suggested and ordered printed. 
Presented by Senator MARTIN of Aroostook. 
JOY J. O'BRIEN 
Secretary of the Senate 
Cosponsored by Representative JACKSON of Allagash and Representatives: CLARK of 
Millinocket, JOY of Crystal, TUTTLE of Sanford. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 39-A MRSA §102, sub-§2-A is enacted to read: 
2-A. Appeal board. "Appeal board" means the board when acting to hear and 
decide an appeal of a hearing officer's decision as provided in section 320-A. 
Sec. 2. 39-A MRSA §102, sub-§12-B is enacted to read: 
12-B. Hearing: officer. "Hearing officer" means an individual employed by the 
board to hold a hearing as provided in this Part. 
Sec. 3. 39-A MRSA §152, sub-§15 is enacted to read: 
15. Appeal board. The board shall serve as the appeal board to hear and decide an 
appeal of a decision made by a hearing officer as provided in section 320-A. An appeal 
decision must be determined by majority vote of the appeal board. 
Sec. 4. 39-A MRSA §213, sub-§l, as amended by PL 2003, c. 52, § 1, is further 
amended to read: 
1. Benefit and duration. While the incapacity for work is partial, the employer 
shall pay the injured employee a weekly compensation equal to 80% of the difference 
between the injured employee's after-tax average weekly wage before the personal injury 
and the after-tax average weekly wage that the injured employee is able to earn after the 
injury, but not more than the maximum benefit under section 211. Compensation must be 
paid for the duration of the disability if the employee's permanent impairment, 
determined according to subsection I-A and the impairment guidelines adopted by the 
board pursuant to section 153, subsection 8 resulting from the personal injury is in excess 
of 15% to the body. 
In all other cases an employee is not eligible to receive 
compensation under this section after the employee has received 260 weeks of 
compensation under section 212, subsection 1, this section or both. The board may in the 
exercise of its discretion extend the duration of benefit entitlement beyond 260 weeks in 
cases involving extreme financial hardship due to inability to return to gainful 
employment. This authority may be delegated by the board, on a case-by-case basis, to a 
hearing officer or a panel of 3 hearing officers. Decisions made under this subsection 
must be made expeditiously. A decision under this subsection made by a hearing officer 
or a panel of 3 hearing officers may Ret be appealed to the board, serving as the appeal 
board, under section 320, blit may be appealed plifsliant to section 322 320-A. 
Sec. 5. 39-A MRSA §320, as amended by PL 2005, c. 25, § 1, is repealed. 
Sec. 6. 39-A MRSA §320-A is enacted to read: 
§320-A. Appeal to appeal board 
1. Appeal. If a party is not satisfied with the final decision of the hearing officer 
pursuant to section 318, the party may appeal the decision to the appeal board. The 
appeal must be submitted within 30 days after receipt of notice of the filing of the 
decision by the hearing officer, although the appeal board may extend the time limit for 
good cause. If no appeal is submitted, the hearing officer may request that the appeal 
board review a decision of the hearing officer if the decision involves an issue that is of 
significance to the operation of the workers' compensation system. The request must be 
made within 45 days of the issuance of the hearing officer's decision and may be 
accepted by majority vote of a quorum of the appeal board within 60 days after receiving 
the request for review. 
2. Judicial appeal. Any appeal pursuant to section 322 must be from the decision of 
the appeal board. 
3. Appeal on record and appeal documents. In considering an appeal, the appeal 
board, except as otherwise provided in this section, shall consider only the record of the 
proceedings before the hearing officer, including any documents or testimony presented 
to the hearing officer. The appeal board may also consider any oral or written arguments 
that a party may wish to make in support of or opposition to the appeal. 
4. Standard of review. The appeal board may overrule a decision of the hearing 
officer only if the appeal board determines the decision is arbitrary and capricious, 
inconsistent with statute or inconsistent with the policies adopted by the board. 
5. New information. If a party wishes to offer on appeal new information not 
presented to the hearing officer, the appeal board shall determine whether the new 
information is appropriate for consideration in connection with the case. If the appeal 
board determines that the new information is appropriate for consideration, it shall return 
the matter to the hearing officer and order that the hearing officer reconsider the case in 
light of the new information. 
6. Decision. Upon a vote of a majority of the appeal board, the appeal board shall 
issue a written decision affirming, reversing or modifying the hearing officer's decision. 
The written decision of the appeal board must be filed with the board and mailed to the 
parties or their counsel. The appeal board shall complete its decision within 60 days of 
the filing of the appeal or request with the appeal board. The decision of the appeal board 
is appealable to the Law Court as provided in section 322. 
Sec. 7. 39-A MRSA §322, as enacted by PL 1991, c. 885, Pt. A, §8 and as 
affected by §§9 to 11, is amended to read: 
§322. Appeal from decision of appeal board 
1. Appeals. Any party in interest may present a copy of the decision of a hearing 
officer or a decision of the appeal board, if the board has revie\'l'ed a decision pursuant to 
section ~ 
320-A, 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 appeal 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. 
I 
2. Procedures. The Law Court shall establish and publish procedures for the review 
of petitions for appellate review of decisions of the appeal 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 
appeal board 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 appeal upon findings 
II 
of fact. The Law Court may, after due consideration, reverse, modify or affirm any 
decision of the appeal board. 
SUMMARY 
This bill provides for the appeal of decisions of hearing officers on workers' 
compensation claims to the Workers' Compensation Board, together with procedures.