An Act To Amend the Workers' Compensation Laws as They Pertain to Employee Representation
Maine Legislature, Session 126, LD 1641
Committee: Labor, Commerce, Research and Economic Development
Sponsors: PATRICK, HERBIG, BOYLE, GERZOFSKY, JACKSON, VITELLI, BRIGGS, CAMPBELL, GILBERT, THERIAULT
Amends: 39-A MRSA §207

Legislative Document 
No. 1641 
S.P. 632 
In Senate, December 23, 2013 
An Act To Amend the Workers' Compensation Laws as They 
Pertain to Employee Representation 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203. 
Received by the Secretary of the Senate on December 23, 2013.  Referred to the Committee 
on Labor, Commerce, Research and Economic Development pursuant to Joint Rule 308.2 and 
ordered printed. 
DAREK M. GRANT 
Secretary of the Senate 
Presented by Senator PATRICK of Oxford. 
Cosponsored by Representative HERBIG of Belfast and 
Senators: BOYLE of Cumberland, GERZOFSKY of Cumberland, JACKSON of Aroostook, 
VITELLI of Sagadahoc, Representatives: BRIGGS of Mexico, CAMPBELL of Newfield, 
GILBERT of Jay, THERIAULT of Madawaska. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  39-A MRSA §207, first ¶, as amended by PL 2001, c. 278, §1, is further 
amended to read: 
An employee being treated by a health care provider of the employee's own choice 
shall, after an injury and at all reasonable times during the continuance of disability if so 
requested by the employer, submit to an examination by a physician, surgeon or 
chiropractor authorized to practice as such under the laws of this State, to be selected and 
paid by the employer.  The physician, surgeon or chiropractor must have an active 
practice of treating patients.  For purposes of this section, "active practice" may be 
demonstrated by having active clinical privileges at a hospital.  A physician or surgeon 
must be certified in the field of practice that treats the type of injury complained of by the 
employee.  Certification must be by a board recognized by the American Board of 
Medical Specialties or the American Osteopathic Association or their successor 
organizations.  A chiropractor licensed by the Board of Chiropractic Licensure, who has 
an active practice of treating patients may provide a 2nd opinion when the initial opinion 
was given by a chiropractor.  Once an employer selects a health care provider to examine 
an employee, the employer may not request that the employee be examined by more than 
one other health care provider, other than an independent medical examiner appointed 
pursuant to section 312, without prior approval from the employee or a hearing officer.  
This provision does not limit an employer's right to request that the employee be 
examined by a specialist upon referral by the health care provider.  Once the employee is 
examined by the specialist, the employer may not request that the employee be examined 
by a different specialist in the same specialty, other than an independent medical 
examiner appointed pursuant to section 312, without prior approval from the employee or 
the board.  The employee has the right to have a physician, surgeon or chiropractor of the 
employee's own selection present at such an examination, whose costs are paid by the 
employer. The employee has the right to have a union representative or other 
representative of the employee's own selection present at an examination by a health care 
provider selected by the employer.  The employer shall give the employee notice of this 
right these rights at the time the employer requests an examination. 
SUMMARY 
This bill amends the laws governing workers' compensation to provide that an injured 
employee is entitled to have a union representative or other representative of the 
employee's own selection present at an examination by an employer-selected health care 
provider.