An Act To Reverse the Effects of Grant v. Central Maine Power, Inc. on Workers' Compensation
Maine Legislature, Session 124, LD 0946
Committee: Labor
Sponsors: CUSHING, PLOWMAN, CLEARY, PRESCOTT, COURTNEY
Amends: 39-A MRSA §20

Legislative Document 
No. 946 
H.P.649 
House of Representatives, March 10, 2009 
An Act To Reverse the Effects of Grant v. Central Maine Power, 
Inc. on Workers' Compensation 
Reference to the Committee on Labor suggested and ordered printed. 
Presented by Representative CUSHING of Hampden. 
Cosponsored by Senator PLOWMAN of Penobscot and 
1J1~ 
/J?17lC/£~{ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: CLEARY of Houlton, PRESCOTT of Topsham, Senator: COURTNEY of 
York. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 39-A MRSA §20S, sub-§9, ~, as enacted by PL 1991, c. 885, Pt. A, §8 
and affected by §§9 and 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 213, 
subsection 1 may be discontinued or reduced by the amount of earnings paid to 
the employee during the 21 days. 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 
righ~. 
(2) If an order or award of compensation or compensation scheme has been 
entered, the employer, insurer or group self-insurer shall petition the board for an 
order to reduce or discontinue benefits and may not reduce or discontinue 
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 213, subsection 1 by the amount of earnings paid to the 
employee after filing the petition. 
SUMMARY 
The purpose of this bill is to address the issue identified in Grant v. Central Maine 
Power, Inc., 2003 ME 96,828 A.2d 800 by amending the Maine Workers' Compensation 
Act of 1992 to permit an employer to reduce weekly benefits by the amount of earnings 
paid by an employer that is not liable or responsible for paying the weekly benefits. 
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