An ActTo Clarify Apportionment of Benefits for Multiple Worl{ Injuries
Maine Legislature, Session 124, LD 1384
Committee: Labor
Sponsors: GERZOFSKY, WATSON, BARTLETT, JACKSON, CLARK, DRISCOLL
Amends: 39-A MRSA §354

MAINE STATE LEGISLATURE 
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124th MAl E LEGISLATURE 
FIRST PiliGULAR SESSIO~~-2009 
Legislative Document 
No. 1384 
S.P.500 
In Senate, April 2, 2009 
An ActTo Clarify Apportionment of Benefits for Multiple Worl{ 
Injuries 
Reference to the Committee on Labor suggested and ordered printed. 
Presented by Senator GERZOFSKY of Cumberland. 
Cosponsored by Representative WATSON of Bath and 
9tf)(J~ 
JOY J. O'BRIEN 
Secretary ,of the Senate 
Senators: BARTLETT of Cumberland, JACKSON of Aroostook, Representatives: CLARK of 
Millinocket, DRISCOLL of Westbrook. 
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Printed on rccycl~d pilper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 39-A MRS A §354, sub-§3, as amended by PL 1999, c. 354, §9, is further 
. amended to read: 
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3. Subrogation. Any insurerdetennined to be liable for benefits under subsection 2 
must be subrogated to the employee's rights under this Act for all benefits the insurer has 
paid and for which another insurer may be liable. Apportionment decisions made under 
this subsection may not affect an employee's rights and benefits under tillS Act~ 
board has jurisdiction over proceedings to detennine the apportionment of liability among 
responsible insurers. and there may be no reduction of an employee's benefits from: 
A. Apportionment of benefits due for a prior settled injury; and 
B. Apportionment of benefits due when an employee has multiple injuries resulting 
in permanent impairment under section .213, subsection I-A imd the permanent 
impairment rating from anyone such, injury, or a combination of permanent 
impairment from multiple injuries, is above the applicable threshold for one of the 
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injuries, but one or more than one of the injuries has a permanent impairment rating 
below that injury's applicable threshold. 
Notwithstanding section 213, subsection 1~A. paragraph B, this subsection applies to all 
injuries, regaFdless of the dates of the injuries. 
Sec. 2. 39-A MRSA §354, sub-§5 is enacted to read: 
5. 
Jurisdiction. The board has jurisdiction over proceedings to. detennine the 
apportionment of liability among responsible insurers. 
SUMMARY 
This bill is in response to the Maine Supreme Judicial Court's decision in Legassie v. 
Securitas, Inc., 2008 ME _43, 944 A.2d 495. The decision in that case authorized a 
reduction to an injured worker's wage replacement and medical' benefits because of a 
previously settled workers' compensation claim. 
This bill specifies that reducing an 
injured worker's benefits because of a prior settled injury is direct apportionment against 
the employee and is prohibited. 
This bill also clarifies the applicability of the Maine Supreme Judicial Court's 
decision in Cust v. University of Maine, 2001 ME 29, 766 A.2d 566. This bill specifies. 
that when an injured worker's permanent impairment rating under the Maine Revised 
Statutes, Title 39 ... A, section 213, subsection I-A is above the applicable threshold on 
account of a single injury or the sum of multiple injuries, all of the worker's weekly 
benefits under the Maine Workers' Compensation ACt of 1992 are exempt from the 
durationallinlit of Title 39-A, section 213, subsection 1.. 
This bill also clarifies that Title 39-A, section 354 applies to all injuries no matter 
when the injury occurred. 
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