An Act To Review and Restructure the Workers' Compensation System
Maine Legislature, Session 125, LD 1913
Senate Amendment SA_A_S553 (Senate)

SENATE AMENDMENT" A " to H.P. 1417, L.D. 1913, Bill, "An Act To Review 
and Restructure the Workers' Compensation System" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Restructure the System of Compensating Workers Who Are Injured on 
the Job' 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 39-A MRSA, as amended, is repealed. 
Sec. 2. Transition and transfer. The following provisions apply to the transfer 
of jurisdiction over causes of action from the Workers' Compensation Board to the 
judicial branch. 
1. Definitions. As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A. "Board" means the Workers' Compensation Board. 
B. "Cause of action" means a cause of action for compensation or treatment for 
accidental injury or death arising out of and in the course of employment and a cause 
of action for compensation or treatment for disease or death arising out of and in the 
course of the employment or which has become aggravated and rendered disabling as 
a result of the exposure ofthe employment. 
2. Cause of action accruing on or after July 1,2013; divestiture of jurisdiction. 
The provisions of the Maine Revised Statutes, former Title 39-A do not apply to any 
cause of action accruing on or after July 1,2013. On July 1,2013, the board is divested 
of jurisdiction over all actions over which it had jurisdiction on June 30, 2013. All 
actions over which the board had jurisdiction on June 30, 2013 are transferred to the 
Supreme Judicial Court for assignment to the courts, which assume jurisdiction over 
those actions on July 1,2013. 
3. Development of plan for transition and transfer of jurisdiction. The board, 
within existing resources, shall develop a plan for the transfer to the judicial branch of 
jurisdiction over causes of action accruing on or after July 1, 2013. The judicial branch 
SENATE AMENDMENT 
SENATE AMENDMENT" A" to H.P. 1417, L.D. 1913 
shall, within existing resources, provide assistance to the board in the development of the 
plan. 
The board shall submit its plan, together with any necessary implementing 
legislation, to the joint standing committee of the Legislature having jurisdiction over 
labor matters by December 1, 2012. The joint standing committee of the Legislature 
having jurisdiction over labor matters may report out a bill pertaining to the report to the 
126th Legislature. 
Sec. 3. Effective date. That section of this Act that repeals the Maine Revised 
Statutes, Title 39-A takes effect July 1,2013.' 
SUMMARY 
Like the bill, this amendment restructures the system of compensating workers who 
are injured on the job. Unlike the bill, which proposes changes to the current laws 
governing workers' compensation, this amendment repeals the laws establishing the 
Maine Workers' Compensation Act of 1992. Under this amendment, beginning July 1, 
2013, an employee injured while on the job would seek compensation for the employee's 
damages through the judicial system. 
This amendment directs the Workers' 
Compensation Board to develop a plan for the transition and transfer of jurisdiction to the 
judicial branch. 
FISCAL NOTE REQUIRED 
SPONSORED BY: Qg pe ~ 
(Senator P A nq&') 
COUNTY: Oxford 
SENATE AMENDMENT 
• 
Approved: 04112112 ;tvae 
LD 1913 
LR 2787(03) 
An Act To Review and Restructure the Workers' Compensation System 
Fiscal Note for Senate Amendment "A" 5·553 
Sponsor: Sen. Patrick of Oxford 
Fiscal Note Required: Yes 
Fiscal Note 
Undetermined future biennium cost increase - General Fund 
Undetermined future biennium savings - Other Special Revenue Funds 
Undetermined future biennium revenue decrease - Other Special Revenue Funds 
Fiscal Detail and Notes 
Transferring the jurisdiction over all causes of action accruing on or after July 1, 2013 from the Workers' 
Compensation Board to the Supreme Judicial Court will increase General Fund costs to the Courts. 
Eliminating the Workers' Compensation Board effective July 1,2013 will eliminate future Other Special Revenue 
Funds costs for all 110 positions currently budgeted within the Board and its related all other. This amendment will 
also eliminate future dedicated revenue to the Board from assessments, fines and penalties. 
Additional costs to the Workers' Compensation Board and the Judicial Branch to develop the required transition plan 
can be absorbed within each agency's existing budgeted resources. 
LR2787(03) - Fiscal Note - Page 1 of 1