An Act To Review and Restructure the Workers' Compensation System
Maine Legislature, Session 125, LD 1913
Senate Amendment SA_D_S564 (Senate)
Amends: 39-A MRSA §153

SENATE AMENDMENT "D "to H.P. 1417, L.D. 1913, Bill, "An Act To Review 
and Restructure the Workers' Compensation System" 
Amend the bill by inserting before section 1 the following: 
'Sec. 1. 39-A MRSA §153, sub-§10 is enacted to read: 
10. Annual report to Legislature. The board shall collect and analyze data from 
Maine cases on permanent impairment ratings and costs to employers associated with the 
compensation for partial incapacity pursuant to section 213. The board shall provide 
annually by January 31 st a report to the joint standing committee of the Legislature 
having jurisdiction over labor matters regarding the data collected.' 
Amend the bill in section 7 in subsection 1-B in the 3rd line (page 4, line 28 in L.D.) 
by striking out the following: "25%" and inserting the following: '18%' 
Amend the bill in section 7 in subsection I-B in the 5th line (page 4, line 30 in L.D.) 
by striking out the following: "50%" and inserting the following: '65%' 
Amend the bill in section 7 in subsection I-B in the 11th line (page 4, line 36 in L.D.) 
by inserting after the following: "physical" the following: 'and psychological' 
Amend the bill in section 7 in subsection I-B in the ftrst paragraph in the 3rd line 
from the end (page 4, line 39 in L.D.) by striking out the following: "not less than 24 
months" and inserting the following: 
'of not less than 12 months within a 24-month 
period' 
Amend the bill in section 17 by striking out all of subsection 1 (page 8, lines 33 to 36 
in L.D.) and inserting the following: 
'1. Statute of limitations. Except as provided in this section, a petition brought 
under this Act is barred unless ftled within 2 years after the date of injury or the date the 
employee's employer ftles a required ftrst report of injury as if required in section 303, 
whichever is later.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SENATE AMENDMENT 
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SENATE AMENDMENT" D" to H.P. 1417, L.D. 1913 
SUMMARY 
This amendment makes the following changes to the bill regarding requirements for 
receiving benefits for long-term partial incapacity: 
1. It reduces the percentage of permanent impairment necessary from 25% to 18%; 
2. It changes the necessary percentage of the employee's earnings from 50% or less 
of the preinjury average weekly wage to 65% or less of the preinjury average weekly 
wage; 
3. 
It requires consideration of an employee's psychological work capacity in 
assessing the employee's earning capacity; and 
4. It changes the necessary period of earnings from employment from not less than 
months prior to the expiration of the 520-week durational limit to a period of not less 
than 12 months within a 24-month period prior to the expiration of the 520-week 
durationallimit. 
In addition, this amendment specifies that the statute of limitations bars a petition 
unless filed within 2 years after the date of injury or the date the employee's employer 
files a required first report of injury. 
Finally, this amendment requires that the Workers' Compensation Board report, at 
least annually, to the Legislature, on costs to employers associated with long-term partial 
incapacity benefits and permanent impairment rating numbers. 
FISCAL NOTE REQUIRED 
SPONSOREDBY:r-~~+r~~~~ ________ __ 
(Senator RECT 
COUNTY: Knox 
SENATE AMENDMENT 
Revised: 04/13/12 
~ac:. 
LD 1913 
LR 2787(10) 
An Act To Review and Restructure the Workers' Compensation System 
Fiscal Detail and Notes 
Fiscal Note for Senate Amendment "!>" S - Sb'f 
Sponsor: Sen. Rector of Knox 
Fiscal Note Required: Yes 
Fiscal Note 
Undetermined fiscal impact - all funds 
The fiscal impact of changing certain eligibility requirements for the extension of benefits for permanently impaired 
individuals with partial incapacity beyond 520 weeks for those injuries that occur on or after January 1,2013 can not 
be determined at this time and will depend on actual experience and will be reflected in future loss cost filings 
submitted by NCCI to the Maine Bureau ofInsurance. 
Additional costs to the Workers' Compensation Board associated with preparing and submitting the required report 
can be absorbed with existing budgeted resources. 
LR2787(lO) - Fiscal Note - Page 1 of 1