An Act To
Maine Legislature, Session 126, LD 1641
Committee Amendment CA_A_S433 (Senate)
Amends: 39-A MRSA §311

COMMITTEE AMENDMENT "A " to S.P. 632, L.D. 1641, Bill, "An Act To 
Amend the Workers' Compensation Laws as They Pertain to Employee Representation" 
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 §31l, sub-§l, ~~ and F, as enacted byPL 1991, c. 885, 
Pt. A, § 8 and affected by § § 9 to 11, are amended to read: 
E. The taking of unfair advantage of an employee's physical, mental or economic 
problems or shortcomings; and 
F. 
Interrogations or investigations conducted under such circumstances as to be 
severely intimidating to the employee~; and 
Sec. 2. 39-A MRSA §311, sub-§l, ~G is enacted to read: 
G. Continued questioning by an investigator, employer or employer's representative 
of an employee after that employee requests that a representative of the employee's 
choice be present during the questioning and that request is denied; this paragraph 
applies, without limitation, to questions regarding the employee's ability to work and 
job modifications.' 
SUMMARY 
This amendment, which is the majority report of the Joint Standing Committee on 
Labor, Commerce, Research and Economic Development, replaces the bill with a 
provision that expands the list of statements that are inadmissible in proceedings under 
the Maine Workers' Compensation Act of 1992 to include statements obtained after 
continued questioning of an employee by an investigator, employer or an employer's 
representative after that employee's request to have a representative of the employee's 
choice present has been denied. 
FISCAL NOTE REQUIRED 
(See Attached) 
COMMITTEE AMENDMENT 
Approved: 03114/14 
~ac.. 
LD 1641 
LR 2289(02) 
An Act To Amend the Workers' Compensation Laws as They Pertain to Employee Representation 
Fiscal Note for Bill as Amended by Committee Amendment '.;A:' (S-'i33) 
Committee: Labor, Commerce, Research and Economic Development 
Fiscal Note Required: Yes 
Fiscal Note 
Potential current biennium cost increase - All Funds 
Fiscal Detail and Notes 
This legislation expands the definition of "duress" under the Workers' Compensation Act of 1992 that determines 
under what circumstances certain statements made by an injured employee may not be admitted into evidence in 
workers' compensation proceedings to include the injured employee's answers to questions from an employer or an 
employer representative when the injured employee has been denied a request to have a representative of the 
employee's choice present. 
The Office of Workers' Compensation within the Bureau of Human Resources, Department of Administrative and 
Financial Services, indicates that this legislation may result in additional costs to the State's Workers' Compensation 
Management Fund Program if the provision in this legislation results in situations where, in order to comply with the 
injured employee's request, the process of coordinating schedules results in a delay in the injured employee receiving 
medical treatment resulting in an increase in the amount of time that the injured employee remains out of work. 
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