An Act To
Maine Legislature, Session 126, LD 0443
Committee Amendment CA_A_S250 (Senate)
Amends: 39-A MRSA §213, 39-A MRSA §214, 39-A MRSA §217

COMMITTEE AMENDMENT ,A" to S.P. 175, L.D. 443, Bill, "An Act To 
Amend the Maine Workers' Compensation Act of 1992 To Provide Benefits to Seriously 
Injured Workers" 
Amend the bill by striking out everything after the enacting clause and inserting the 
following: 
'Sec. 1. 39-A MRSA §213, sub-§l-B, as enacted by PL 2011, c. 647, §8, is 
repealed and the following enact(:d in its place: 
I-B. Long-term partial incapacity; date of injury on or after January 1.2013. 
While the employee's demonstrated earning capacity after the exhaustion of benefits 
under subsection 1, paragraph B is 70% or less than the employee's earnings at the time 
of injury and the employee is working within the employee's documented capacity, the 
employer shall pay 2/3 of the difference between the employee's average weekly wage at 
the time of 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 and is reviewable no more fn~quent1y than every 2 years. 
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. 
Sec. 2. 39-A MRSA §214, sub-§l, V is enacted to read: 
F. If the employee is not working and has performed a work search sufficient for the 
receipt of unemployment benefits as required by the DepartInent of Labor, a 
rebuttable presumption is cn::ated that the employee is entitled to receive a weekly 
compensation amount equal to the amount permitted for total incapacity under 
section 212. This presumption may be rebutted only by a showing that the employee 
has received a bona fide offer of reasonable employment and refused that offer 
without good and reasonable (;ause. 
COMMITTEE AMENDMENT 
COMMITIEE AMENDMEN.rA" to S.P. 175, L.D. 443 
Sec. 3. 39-A MRSA §217, sub-§8, as enacted by PL 2011, c. 647, §14, is 
amended to read: 
8. Presumption. If an employee is participating in a rehabilitation plan voluntarily 
offered by the employee's employer or ordered pursuant to subsection 2, there is a 
presumption that work is unavailable to the employee for as long as the employee 
continues to participate in employment rehabilitation.' 
S~Y 
This amendment is the majority report of the Joint Standing Committee on Labor, 
Commerce, Research and Economic Development. 
Current eligibility requirements 
under the Maine Workers' Compensation Act of 1992 for long-term partial incapacity 
benefits require at least an 18% permanent impairment, a weekly wage of 65% or less of 
the preinjury weekly wage and that the employee have earnings for at least 12 of the prior 
months. This amendment replaces those eligibility requirements with requirements 
that the employee have a demonstrated earning capacity of 70% or less than the 
employee's earnings at the time of injury and the employee is working within the 
employee's documented capacity. The amendment adds that compensation is to be made 
at a fixed rate and reviewable no more frequently than every 2 years. Additionally, the 
amendment creates a rebuttable presumption that an injured worker with partial 
incapacity is eligible for benefits in the weekly amount permitted for total incapacity 
benefits as long as that injured worker has performed a work search sufficient to qualify 
for unemployment benefits through the Department of Labor. 
The amendment also provides that rehabilitation plans voluntarily offered by the 
injured worker's employer qualify the injured worker for the same presumption that work 
is unavailable that is currently afforded to participants in Workers' Compensation Board 
rehabilitation plans. 
FISCA.L NOTE REQURED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 06/03113 
~aC!. 
LD443 
LR 1475(02) 
An Act To Amend the Maine Workers' Compensation Act of 1992 To Provide Benefits to Seriously 
Injured Workers 
Fiscal Note for Bill as Amended by C~~mittee Amendment '1t(s-2eo) 
Committee: Labor, Commerce, Research and Economic Development 
Fis(:al Note Required: Yes 
Fiscal Note 
Undetermined current biennium cost increase - All funds 
Fiscal Detail and Notes 
The provisions of this legislation, including the elimination of certain eligibility requirements for long-term partial 
incapacity benefits for injuries sustained on or after January 1,2013 and the creation of a rebuttable presumption that 
an injured worker with partial incapacity is eligible for 100% partial incapacity benefits if the injured worker has 
performed a work search that meets the requirements established by the Department of Labor to qualify for 
unemployment benefits, will increase workers' compensation costs for insured employers in the State. The impact can 
not be determined at this time. However, unofficial estimates provided by the National Council on Conpensation 
Insurance, Inc. (NCCI) indicate the potential increase in premiums for insured employers to be between $10 million 
and $14 million. 
The cost to the State's self-insured program for State employees will depend on actual experience. Unofficial 
estimates based on information provided by NCCI indicate the cost to all self-insured employers in Maine could range 
between $6.4 million and $27.2 million. 
LR147S(02) - Fiscal Note - Page 1 of 1