An Act To Reverse the Effects of Grant v. Central Maine Power, Inc. on Workers' Compensation
Maine Legislature, Session 124, LD 0946
Committee Amendment CA_A_H359 (House)
Amends: 39-A MRSA §205

COMMITTEE AMENDMENT "A " 
to H.P. 649, L.D. 946, Bill, "An Act To 
Reverse the Effects of Grant v. Central Maine Power, Inc. on Workers' Compensation" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 39-A MRSA §205, sub-§9, ~, as enacted by PL 1991, c. 885, Pt. A, §8 
and affected by §§9 to 11 , is amended to read: 
B. 
In all circumstances other than the return to work or increase in pay of the 
employee under paragraph A, if the employer, insurer or group self-insurer 
determines that the employee is not eligible for compensation under this Act, the 
employer, insurer or group self-insurer may discontinue or reduce benefits only in 
accordance :with this paragraph. 
(1) If no order or award of compensation or compensation scheme has been 
entered, the employer, insurer or group self-insurer may discontinue or reduce 
benefits by sending a certificate by certified mail to the employee and to the 
board, together with any information on which the employer, insurer or group 
self-insurer relied to support the discontinuance or reduction. The employer may 
discontinue or reduce benefits no earlier than 21 days from the date the certificate 
was mailed to the employee, except that benefits paid pursuant to section 212, 
subsection 1 or section 213, subsection 1 may be discontinued or reduced based 
on the amount of actual documented earnings paid to the employee during the 21-
day period if the employer files with the board the documentation or evidence 
that substantiates the earnings and the employer only reduces or discontinues 
benefits for any week for which it possesses evidence of such earning. The 
certificate must advise the employee of the date when the employee's benefits 
will be discontinued or reduced, as well as other information as prescribed by the 
board, including the employee's appeal rights. 
(2) If an order or award of compensation or Gompensation scheme has been 
entered, the employer, insurer or group self-insul'er shall petition the board for an 
order to reduce or discontinue benefits and may not reduce or discontinue 
COMMITTEE AMENDMENT 
~f..~~ 
COMMITIEEAMENDMENT" A" to H.P. 649, L.D. 946 
benefits until the matter has been finally resolved through the dispute resolution 
procedures of this Act, any appeal proceedings have been completed and an order 
of reduction or discontinuance has been entered by the board. Upon the filing of 
a petition, the employer may discontinue or reduce the weekly benefits being 
paid pursuant to section 212, subsection 1 or section 213, subsection I based on 
the amount of actual documented earnings paid to the employee after filing the 
petition. The employer shall file with the board the documentation or evidence 
that substantiates the earnings and the employer may discontinue or reduce 
weekly benefits only for weeks for which the employer possesses evidence of 
such earnings. 
Sec. 2. Retroactivity. This Act applies retroactively to all injuries including 
pending cases and cases on appeal.' 
SUMMARY 
This amendment clarifies that earnings may be discontinued or reduced by the actual 
substantiated amount paid to the employee during the 21-day period if the employer files 
the evidence of payment with the Workers' Compensation Board for the time during 
which an employee was actually paid by the employer. 
FISCAL :'\OTE REQUIRED 
(~ee attached) 
COMMITTEE AMENDMENT 
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Approved: 05121/09 ;::Idac:.. 
LD946 
LR 1144(02) 
An Act To Reverse the Effects of Grant v. Central Maine Power, Inc. on Workers' Compensation 
Fiscal Detail and Notes 
Fiscal Note for Bill as Amended by Committee Amendment "A" 
Committee: Labor 
Fiscal Note Required: Yes 
Fiscal Note 
Potential current biennium savings - All Funds 
Allowing an employer to discontinue or reduce weekly workers' compensation benefits being paid to an individual by 
the amount of earnings paid to that individual by an employer that is not liable or responsible for paying the weekly 
benefit may result in savings to the State as a self-insured employer. The amount can not be detennined at this time 
and will depend on actual experience. 
LRI144(02) - Fiscal Note - Page 1 of 1