An Act To Review and Restructure the Workers' Compensation System
Maine Legislature, Session 125, LD 1913
Senate Amendment SA_B_S554 (Senate)

SENATE AMENDMENT "13 "to H.P. 1417, L.D. 1913, Bill, "An Act To Review 
and Restructure the Workers' Compensation System" 
Amend the bill by striking out all of section 7 and inserting the following: 
'Sec. 7. 39-A MRS A §213, sub-§l-B is enacted to read: 
I-B. Long-term partial incapacity; date of injury on or after January 1, 2013. 
After the exhaustion of benefits under subsection 1, paragraph B, if the employee is 
working and the employee's earnings, as measured by average weekly earnings over the 
most recent 26-week period documented by payroll records or tax returns, are 70% or less 
of the preinjury average weekly wage, the employer shall pay weekly compensation equal 
to 2/3 of the difference between the employee's average weekly wage at the time of the 
injury and the employee's postinjury wage, but not more than the maximum benefit under 
section 211. Compensation under this subsection must be paid at a fixed rate. 
While the employee is claiming or receiving extended partial incapacity benefits under 
this subsection, the employee shall complete and provide quarterly employment status 
reports and provide copies of current tax returns as early as practicable after the return is 
filed. 
An order authorizing benefits under this subsection is not subject to review sooner than 2 
years from the issuance of the ordeL' 
SUMMARY 
This amendment makes changes to the provisions in the bill regarding long-term 
partial incapacity for employees whose date of injury is on or after January 1, 2013. This 
amendment removes language limiting benefits to situations in which the whole person 
permanent impairment resulting from the injury is in excess of 25%. In addition, the bill 
provides that if the employee's earnings are 50% or less than the preinjury average 
weekly wage, the employer shall pay compensation; this amendment changes the 
percentage to 70% or less. This amendment removes language requiring the employee's 
actual earnings to be commensurate with the employee's earning capacity and requiring 
the employee to have earnings from employment for a period not less than 24 months 
prior to the expiration of the 520-week durational limit. 
Finally, this amendment 
SENATE AMENDMENT 
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SENATE AMENDMENT"f>" to H.P. 1417,L.D.1913 
provides that an order authorizing these benefits is not subject to review sooner than 2 
years from the issuance of the order. 
FISCAL NOTE REQUIRED 
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SPONSORED BY: 
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(Senator BARTL n 
COUNTY: Cumberland 
SENATE AMENDMENT 
Approved: 04112112 
~ac:. 
LD 1913 
LR 2787(02) 
An Act To Review and Restructure the Workers' Compensation System 
Fiscal Detail and Notes 
Fiscal Note for Senate Amendment '''B'' S - 55tf 
Sponsor: Sen. Bartlett, II of Cumberland 
Fiscal Note Required: Yes 
Fiscal Note 
Undetermined fiscal impact - all funds 
The fiscal impact of changing certain provisions regarding compensation benefits for employees with long-term 
partial incapacity whose date of injury is 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 
of Insurance. 
LR2787(02) - Fiscal Note - Page 1 of 1