An Act Re[ating to the Membership of the Workers' Compensation Board
Maine Legislature, Session 124, LD 1566
Committee Amendment CA_A_H659 (House)

COMMITTEE AMENDMENT "A" to H.P. [103, L.D. [566, Bill, "An Act 
Re[ating to the Membership of the Workers' Compensation Board" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 39-A MRS A §151, sub-§l, as amended by PL 2003, c. 608, §5, is fUl1her 
amended to read: 
1. Board established. Pursuant to Title 5, section 12004-G, subsection 35, the 
Workers' Compensation Board is established as an independent board composed of 7 
members. The members of the board, including the executive director, must be appointed 
by the Governor within 30 days after a new board member is authorized or a vacancy 
occurs, subject to review by the joint standing committee of the Legis[ature having 
jurisdiction over labor matters and confirmation by the Legislature. Notwithstanding the 
provisions of Title 3, section 157, the designated committee shall complete its review of 
the appointments of the Governor within 15 days of the Governor's written notice of 
appointment and the vote of the Legis[ature must be taken no later than 7 days after the 
vote of the' designated committee. 
The board consists of 3 representatives of management, 3 representatives of labor and the 
executive director appointed pursuant to subsection I-A. All management representatives 
, must be appointed frorTi a list provided by the Maine Chamber of Commerce and IndustlY 
or other bona fide organization or association of employers. All labor representatives 
must be from a list provided by the Executive Board of the Maine AFL-CIO or other 
bona fide labor organization or association of employees representing at least 10% of the 
Maine work force. Any list submitted to the Governor must have at least 4- times the 
number of names as there are vacancies for the group represented by the vacancies. 
A member of the board is not liable in a civil action for any act p'erformed in good faith in 
the execution of duties as a board member. 
A member of the board may' not be a lobbyist required to be registered with the 
Commission on Governmental Ethics and Election Practices, a service provider to the 
COMMITTEE AMENDMENT 
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COMMITIEE AMENDMENT "A" to H.P. 1103, L.D. 1566 
workers' compensation system or a representative of a service provider to the workers' 
compensation system. In addition to the conflict of interest provisions in section 152, 
subsection 8, a member of the board may not take part in reaching a decision or 
recommendation in any matter that directly affects an insurer, self-insurer, group self-
insurer or labor organization that the member represents. 
Members of the board representing management and labor hold office for staggered terms 
of 4 years, commencing and expiring on February 1st, except for initial appointees and 
members appointed to fill unexpired terms. A member representing management or labor 
may not serve for more than 2 full terms.' 
SUMMARY 
This amendment replaces the bill and clarifies the current restrictions on the 
Workers' Compensation Board membership with regard to any possible conflict of 
interest between a member and an issue in front of the board. It cites the conflict of 
interest provisions found in the Maine Workers' Compensation Act of 1992, which refers 
to the disqualification of executive employees from participating in matters that appear to 
be a conflict of interest by disclosure or by abstention found in the Maine Revised 
Statutes, Title 5, section 18. 
COMMITTEE AMENDMENT 
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