An Act To Amend the Laws Governing the Filing of Wage Statements by Employers and To Clarify the Statute of Limitations under the Maine Workers' Compensation Act of 1992
Maine Legislature, Session 127, LD 1119
Committee: Labor, Commerce, Research and Economic Development
Sponsors: CUSHING, WARD, LANGLEY, VOLK, AUSTIN, GUERIN, O'CONNOR, STETKIS
Amends: 39-A MRSA §303, 39-A MRSA §306

Legislative Document 
No. 1119 
S.P. 391 
In Senate, March 26, 2015 
An Act To Amend the Laws Governing the Filing of Wage 
Statements by Employers and To Clarify the Statute of Limitations 
under the Maine Workers' Compensation Act of 1992 
Reference to the Committee on Labor, Commerce, Research and Economic Development 
suggested and ordered printed. 
HEATHER J.R. PRIEST 
Secretary of the Senate 
Presented by Senator CUSHING of Penobscot. 
Cosponsored by Representative WARD of Dedham and 
Senators: LANGLEY of Hancock, VOLK of Cumberland, Representatives: AUSTIN of Gray, 
GUERIN of Glenburn, O'CONNOR of Berwick, STETKIS of Canaan. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  39-A MRSA §303, as amended by PL 2013, c. 63, §8, is further amended 
to read: 
§303.  Reports to board 
When any employee has reported to an employer under this Act any injury arising out 
of and in the course of the employee's employment that has caused the employee to lose a 
day's work, or when the employer has knowledge of any such injury, the employer shall 
report the injury to the board within 7 days after the employer receives notice or has 
knowledge of the injury.  An insured employer that has notice or knowledge of any such 
injury and fails to give timely notice to its insurer shall reimburse the insurer for any 
penalty that is due as a result of the late filing of the report of injury.  The employer shall 
also report the average weekly wages or earnings of the employee, as defined in section 
102, subsection 4, together with any other information required by the board, within 30 
days after the employer receives notice or has knowledge of a claim for compensation 
under section 212, 213 or 215, unless a wage statement has previously been filed with the 
board.  The wage statement must report the earnings or wages of the employee on a 
weekly basis, except that if the employee is paid on other than a weekly basis, the 
employer may report the earnings or wages on that basis.  A copy of the wage 
information must be mailed to the employee.  The employer shall report when the injured 
employee resumes the employee's employment and the amount of the employee's wages 
or earnings at that time.  The employer shall complete a first report of injury form for any 
injury that has required the services of a health care provider within 7 days after the 
employer receives notice or has knowledge of the injury.  The employer shall provide a 
copy of the form to the injured employee and retain a copy for the employer's records but 
is not obligated to submit the form to the board unless the injury later causes the 
employee to lose a day's work.  The employer is also required to submit the form to the 
board if the board has finally adopted a major substantive rule pursuant to Title 5, chapter 
375, subchapter 2-A to require the form to be filed electronically. 
Sec. 2.  39-A MRSA §306, sub-§1, as amended by PL 2011, c. 647, §18, is 
further amended to read: 
1.  Statute of limitations.  Except as provided in this section, a petition brought 
under this Act is barred unless filed within 2 years after the date of injury or the date the 
employee's employer files a required first report of injury if required in section 303, 
whichever is later.  This subsection applies to dates of injury occurring on or after 
January 1, 1993. 
Sec. 3.  39-A MRSA §306, sub-§2, as amended by PL 2001, c. 435, §1 and 
affected by §2, is further amended to read: 
2.  Payment of benefits.  If the date of injury is on or after October 17, 1991 and an 
employer or insurer pays benefits under this Act, with or without prejudice, within the 
period provided in subsection 1, the period during which an employee or other interested 
party must file a petition is 6 years from the date of the most recent payment, regardless 
of whether the employer has filed a first report of injury. 
If the date of injury is prior to October 17, 1991 and an employer or insurer pays benefits 
under this Act, with or without prejudice, within the period provided in subsection 1, the 
period during which an employee or other interested party must file a petition is 10 years 
from the date of the most recent payment, regardless of whether the employer has filed a 
first report of injury. 
A.  The provision of medical care for an injury or illness by or under the supervision 
of a health care provider employed by, or under contract with, the employer is a 
payment of benefits with respect to that injury or illness if: 
(1)  Care was provided for that injury or illness on 6 or more occasions in the 12-
month period after the initial treatment; and 
(2)  The employer or the health care provider knew or should have known that 
the injury or illness was work-related. 
For the purposes of this paragraph, "health care provider" has the same meaning as 
provided in rules of the board. 
SUMMARY 
In response to the Law Court decisions in Wilson v. Bath Iron Works Corp., 2008 
ME 47, 942 A. 2d 1237 and Graves v. Brockway Smith Co., 2012 ME 128, 55 A. 3d 456, 
this bill amends the law to effectuate results different from those reached by the Court. 
Current law provides that a petition under the Maine Workers' Compensation Act of 
1992 is barred unless filed within 2 years after the date of injury or the date that the 
employer files a required first report of injury, whichever is later.  This bill specifies that 
this provision applies to dates of injury occurring on or after January 1, 1993. 
Under current law, if an employer or insurer pays benefits under the Maine Workers' 
Compensation Act of 1992 within 2 years after the date of injury or the date that the 
employer files a required first report of injury, the period during which a petition must be 
filed is 6 years from the date of the most recent payment.  This bill clarifies that, for dates 
of injury on or after October 17, 1991, this 6-year limitation applies regardless of whether 
the employer has filed a first report of injury.  This bill also provides that for dates of 
injury before October 17, 1991, a 10-year limitation applies regardless of whether the 
employer has filed a first report of injury.