An Act To
Maine Legislature, Session 127, LD 1119
Committee Amendment CA_A_S286 (Senate)
Amends: 2 MRSA §6-E, 39-A MRSA §105, 39-A MRSA §152, 39-A MRSA §153, 39-A MRSA §205, 39-A MRSA §206, 39-A MRSA §207, 39-A MRSA §213, 39-A MRSA §303, 39-A MRSA §309, 39-A MRSA §312, 39-A MRSA §315, 39-A MRSA §318, 39-A MRSA §320, 39-A MRSA §321-A, 39-A MRSA §321-B, 39-A MRSA §322, 39-A MRSA §324, 39-A MRSA §329, 39-A MRSA §353, 39-A MRSA §355-C, 39-A MRSA §358-A

COMMITTEE AMENDMENT" A " to S.P. 391, L.D. 1119, Bill, "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" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Amend the Laws Governing the Filing of Wage Statements and Other 
Laws under the Maine Workers' Compensation Act of 1992' 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 2 MRSA §6-E, sub-§6, as enacted by PL 1993, c. 145, §1, is amended to 
read: 
6. Administrative law judges. The salary of the hearing offieers administrative law 
judges is within salary range 90. 
Sec. 2. 39-A MRSA §105, sub-§4, as amended by PL 2013, c. 63, §5, is further 
amended to read: 
4. Hearing. A hearing, if requested by a party within 10 days of the board's decision 
on a petition, must be conducted under the Maine Administrative Procedure Act. A 
ruling by the board or heariflg offieer administrative law judge under this section is fmal 
and not subject to review by the Superior Court. 
Sec. 3. 39-A MRSA §152, sub-§5, as enacted by PL 1991, c. 885, Pt. A, §8 and 
affected by §§9 to 11, is amended to read: 
5. Employment of and contracts with administrative law judges and mediators. 
The board shall obtain the services of persons qualified by background and training to 
serve as hearing offieers administrative law judges, who are authorized to take action and 
enter orders consistent with this Act in all cases assigned to them by the board, and 
mediators. In the exercise of its discretion, the board may obtain the services of hearing 
offieers administrative law judges and mediators by either of the 2 following methods: 
COMMITTEE AMENDMENT 
~<o. 
~.~ 
COMMITTEE AMENDMENT" A "to S.P. 391, L.D. 1119 
A. The board may contract for the services of hear:iflg offieers administrative law 
judges and mediators, in which case they must be paid reasonable per diem fees for 
their services plus reimbursement of their actual, necessary and reasonable expenses 
incurred in the performance of their duties, consistent with policies established by the 
board; or 
B. The board may employ hear:iflg offieers administrative law judges and mediators 
to serve at the pleasure of the board and who are not subject to the Civil Service Law. 
They are entitled to receive reimbursement of their actual, necessary and reasonable 
expenses incurred in the performance of their duties, consistent with policies 
established by the board. 
Sec. 4. 39-A MRSA §153, sub-§9, as amended by PL 2005, c. 603, §3, is further 
amended to read: 
9. 
Audit and enforcement. 
The executive director shall establish an audit, 
enforcement and monitoring program by July 1, 1998, to ensure that all obligations under 
this Act are met, including the requirements of section 359. The functions of the audit 
and enforcement program include, but are not limited to, auditing timeliness of payments 
and claims handling practices of insurers, self-insurers, the Maine fusurance Guaranty 
Association and 3rd-party administrators; determining whether insurers, self-insurers, the 
Maine fusurance Guaranty Association and 3rd-party administrators are unreasonably 
contesting claims; and ensuring that all reporting requirements to the board are met. 
When auditing the Maine fusurance Guaranty Association, the program shall consider 
when the Maine fusurance Guaranty Association obtained the records of an insolvent 
insurer. The program must be coordinated with the abuse investigation unit established 
by section 153, subsection 5 as appropriate. The program must monitor activity and 
conduct audits pursuant to a schedule developed by the deputy director of benefits 
administration. Audit working papers are confidential and may not be disclosed to any 
person outside of the board except the audited entity. For purposes of this subsection 
"audit working papers" means all documentary and other information acquired, prepared 
or maintained by the board during the conduct of an audit or investigation, including all 
intra-agency and interagency communications relating to an audit or investigation and 
draft reports or any portion of a draft report. 
The final audit report, including the 
underlying reconciled information, is not confidential. At the end of each calendar 
quarter, the executive director shall prepare a compliance report summarizing the results 
of the audits and reviews conducted pursuant to this subsection. The executive director 
shall submit the quarterly compliance reports to the board, the Bureau of fusurance and 
the Director of the Bureau of Labor Standards within the Department of Labor. An 
annual summary must be provided to the Governor and to the j oint standing committees 
of the Legislature having jurisdiction over labor and banking and insurance matters by 
February 15th of each year. The quarterly compliance reports and the annual summaries 
must be made available to the public following distribution. 
Within 180 days of notice of insolvency to the board or its designee and the Maine 
fusurance Guaranty Association, the executive director of the board or the executive 
director's designee shall meet with the Maine fusurance Guaranty Association, pursuant 
to rules established by the board, to review the insolvency. 
COMMITTEE AMENDMENT 
~ CO' 
)\ 
COMMITTEE AMENDMENT" Pr "to S.P. 391, L.D. 1119 
Sec. 5. 39-A MRSA §205, sub-§9, ~, as amended by PL 2011, c. 647, §2, is 
further amended to read: 
B. In all circumstances other than the return to work or increase in pay of the 
employee under paragraph A, if the employer, insurer or group self-insurer 
determines that the employee is not eligible for compensation under this Act, the 
employer, insurer or group self-insurer may discontinue or reduce benefits only in 
accordance with this paragraph. 
(1) If no order or award of compensation or compensation scheme has been 
entered, the employer, insurer or group self-insurer may discontinue or reduce 
benefits by sending a certificate by certified mail to the employee and to the 
board, together with any information on which the employer, insurer or group 
self-insurer relied to support the discontinuance or reduction. The employer may 
discontinue or reduce benefits no earlier than 21 days from the date the certificate 
was mailed to the employee, except that benefits paid pursuant to section 212, 
subsection 1 or section 213, subsection 1 may be discontinued or reduced based 
on the amount of actual documented earnings paid to the employee during the 21-
day period if the employer files with the board the documentation or evidence 
that substantiates the earnings and the employer only reduces or· discontinues 
benefits for any week for which it possesses evidence of such earning. The 
certificate must advise the employee of the date when the employee's benefits 
will be discontinued or reduced, as well as other information as prescribed by the 
board, including the employee's appeal rights. 
(2) If an order or award of compensation or compensation scheme has been 
entered, the employer, insurer or group self-insurer shall petition the board for an 
order to reduce or discontinue benefits and may not reduce or discontinue 
benefits until the matter has been resolved by a decree issued by a hearffig offieer 
an administrative law judge. The employer, insurer or group self-insurer may 
reduce or discontinue benefits pursuant to such a decree pending a motion for 
fmdings of fact and conclusions of law or pending an appeal from that decree. 
Upon the filing of a petition, the employer may discontinue or reduce the weekly 
benefits being paid pursuant to section 212, subsection 1 or section 213, 
subsection 1 based on the amount of actual documented earnings paid to the 
employee after filing the petition. 
The employer shall file with the board the 
documentation or evidence that substantiates the earnings and the employer may 
discontinue or reduce weekly benefits only for weeks for which the employer 
possesses evidence of such earnings. 
Sec. 6. 39-A MRSA §206, sub-§2, as enacted by PL 1991, c. 885, Pt. A, §8 and 
affected by §§9 to 11, is amended to read: 
2. Employee selection. After 10 days from the inception of health care under 
subsection 1, the employee may select a different health care provider by giving to the 
employer the name of the health care provider and a statement of intention to treat with 
the health care provider. The employer may file a petition objecting to the named health 
care provider selected by the employee and setting forth reasons for the objection. The 
issue of the health care provider must be set for mediation pursuant to section 313. If the 
objection is not resolved through mediation, after notice to all parties and a prompt 
COMMITTEE AMENDMENT 
~~. 
~.~ 
COMMITTEE AMENDMENT" A "to S.P. 391, L.D. 1119 
hearing by a hearing offieer an administrative law judge, the hearing Offi60f 
administrative law judge may order one of the following: 
A. If the employer can not show cause why the employee should not commence or 
continue treatment with the health care provider of the employee's choice, the heariag 
offieer administrative law judge shall order that the employer is responsible for 
payment for treatment received from the health care provider; or 
B. If the employer can show cause why the employee should not commence or 
continue treatment with the health care provider of the employee's choice, the hearing 
offieer administrative law judge shall order that the employer is not responsible and 
that the employee is responsible for payment for treatment received from the health 
care provider from the date the order is mailed. 
Sec. 7. 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 heariag offieor an 
administrative law judge. 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 employer shall give the employee notice of this right 
at the time the employer requests an examination. 
Sec. 8. 39-A MRSA §213, sub-§l, as repealed and replaced by PL 2011, c. 647, 
§ 7, is amended to read: 
1. Benefit and duration. While the incapacity for work is partial, the employer 
shall pay the injured employee a weekly compensation as follows. 
A. If the injured employee's date of injury is prior to January 1, 2013, the weekly 
compensation is equal to 80% of the difference between the injured employee's after-
COMMITTEE AMENDMENT 
,~, 
.. ~\ 
.~. 
COMMITTEE AMENDMENT" A "to S.P. 391, L.D. 1119 
tax average weekly wage before the personal injury and the after-tax average weekly 
wage that the injured employee is able to earn after the injury, but not more than the 
maximum benefit under section 211. Compensation must be paid for the duration of 
the disability if the employee's permanent impairment, determined according to 
subsection I-A and the impairment guidelines adopted by the board pursuant to 
section 153, subsection 8, resulting from the personal injury is in excess of 15% to 
the body. In all other cases an employee is not eligible to receive compensation 
under this paragraph after the employee has received a total of 260 weeks of 
compensation under section 212, subsection 1, this paragraph or both. The board 
may in the exercise of its discretion extend the duration of benefit entitlement beyond 
weeks in cases involving extreme fmancial hardship due to inability to return to 
gainful employment. This authority may be delegated by the board, on a case-by-
case basis, to a hear.i£g affieer an administrative law judge or a panel of 3 heariHg 
aftieers administrative law judges. Decisions made under this paragraph must be 
made expeditiously. A decision under this paragraph made by a hearffig aftieer an 
administrative law judge or a panel of 3 hearing affieers administrative law judges 
may not be appealed to the board under section 320, but may be appealed pursuant to 
section 322. 
B. If the injured employee's date of injury is on or after January 1,2013, the weekly 
compensation is equal to 2/3 of the difference, due to the injury, between the 
employee's average gross weekly wages, earnings or salary before the injury and the 
average gross weekly wages, earnings or salary that the employee is able to earn after 
the injury, but not more than the maximum benefit under section 211. An employee 
is not eligible to receive compensation under this paragraph after the employee has 
received a total of 520 weeks of compensation under section 212, subsection I-A, this 
paragraph or both. The board may in the exercise of its discretion extend the duration 
of benefit entitlement beyond 520 weeks in cases involving extreme financial 
hardship due to inability to return to gainful employment. This authority may be 
delegated by the board, on a case-by-case basis, to a heariag oifieer an administrative 
law judge or a panel of 3 heariBg offieers administrative law judges. The board, 
hearing offieer administrative law judge or panel shall make a decision under this 
paragraph expeditiously. A decision under this paragraph made by a hearing oitieer 
an administrative law judge or a panel of 3 hearing offieers administrative law judges 
may not be appealed to the board under section 320, but may be appealed pursuant to 
section 321-A. 
Orders extending benefits beyond 520 weeks are not subject to review more often 
than every 2 years from the date of the board order or request allowing an extension. 
Sec. 9. 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 
COMMITTEE AMENDMENT 
~ '0' 
~.~ 
COMMITTEE AMENDMENT" A "to S.P. 391, L.D. 1119 
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 defmed 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. unless the employee is paid on other than a weekly basis. in which case the 
employer may report the earnings or wages in the same manner as earnings or wages are 
paid. 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. 
If an employee has had an incapacity beyond the 14-day period established in section 
and subsequently returns to work and attends medical appointments related to the 
injury, the employer is not required to report the lost time for such appointments to the 
board if the employee did not lose wages for attending such appointments. 
Sec. 10. 39-A MRSA §309, sub-§3, as amended by PL 2005, c. 99, §1, is further 
amended to read: 
3. Witnesses; discovery. All witnesses must be sworn. Sworn written evidence 
may not be admitted unless the author is available for cross-examination or subject to 
subpoena; except that sworn statements by a medical doctor or osteopathic physician 
relating to medical questions, by a psychologist relating to psychological questions, by a 
chiropractor relating to chiropractic questions, by a certified nurse practitioner who 
qualifies as an advanced practice registered nurse relating to advanced practice registered 
nursing questions or by a physician's assistant relating to physician assistance questions 
are admissible in workers' compensation hearings only if notice of the testimony to be 
used is given and service of a copy of the letter or report is made on the opposing counsel 
days before the scheduled hearing. 
Depositions or subpoenas of health care practitioners who have submitted sworn written 
evidence are permitted only if the hearing offieef administrative law judge finds that the 
testimony is sufficiently important to outweigh the delay in the proceeding. 
The board may establish procedures for the prefiling of summaries of the testimony of 
any witness in written form. 
In all proceedings before the board or its designee, 
discovery beyond that specified in this section is available only upon application to the 
board, which may approve the application in the exercise of its discretion. 
Sec. 11. 39-A MRSA §312, sub-§9, as enacted by PL 1991, c. 885, Pt. A, §8 and 
affected by § § 9 to 11, is amended to read: 
COMMITTEE AMENDMENT 
~~' 
COMMITTEE AMENDMENT" A "to S.P. 391, L.D. 1119 
9. Annual review. The board shall create a review process to oversee on an annual 
basis the quality of performance and the timeliness of the submission of medical findings 
by the independent medical examiners and shall develop rules in relation to timeliness 
and procedures applicable to this section. 
Sec. 12. 39-A MRSA §315, first ~, as enacted by PL 1991, c. 885, Pt. A, §8 and 
affected by §§9 to 11, is amended to read: 
Upon filing of the mediator's report indicating that mediation has not resolved all 
issues in dispute, the matter must be referred to the board, which shall :fix a time for 
hearing upon at least a 5-day notice given to all the parties or to the attorney of record of 
each party. All hearings must be held before a hearing effieer an administrative law 
judge employed by the board at such towns and cities geographically distributed 
throughout the State as the board designates. If the designated place of hearing is more 
than 10 miles from the place where the injury occurred, the employer shall provide 
transportation or reimburse the employee for reasonable mileage in traveling within the 
State to and from the hearing. The amount allowed for travel is determined by the board 
and awarded separately in the decree. 
Sec. 13. 39-A MRSA §318, as amended by PL 2013, c. 63, §10 and affected by 
§ 16, is further amended to read: 
§318. Hearing and decision 
The hearing effieer administrative law judge shall hear those witnesses as may be 
presented or, by agreement, the claims of both parties as to the facts may be presented by 
affidavits. If the facts are not in dispute, the parties may file with the hearing offieer 
administrative law judge an agreed statement of facts for a ruling on the applicable law. 
From the evidence or statements furnished, the heariH:g offieer administrative law judge 
shall in a summary manner decide the merits of the controversy. The hearing effieer's 
administrative law judge's decision must be filed in the office of the board and a copy, 
attested by the clerk of the board, mailed promptly to all parties interested or to the 
attorney of record of each party. The hearing offieer's administrative law judge's decision, 
in the absence of fraud, on all questions of fact is fmal; but if the hearing offieer 
administrative law judge expressly finds that any party has or has not sustained the party's 
burden of proof, that finding is considered a conclusion of law and is reviewable in 
accordance with section 322. 
The hearitt:g offieer administrative law judge, upon motion by the petitioning party, 
may include a finding in the decree that the employer's refusal to pay the benefits at issue 
was not based on any rational grounds developed between the claim and formal hearing. 
Upon such a finding, the employer shall pay interest to the employee under section 205, 
subsection 6 at a rate of 25% per annum from the date each payment was due, instead of 
10% per annum. 
The hearing effieer administrative law judge, upon the motion of a party made within 
days after notice of the decision or upon its own motion, may fmd the facts specially 
and state separately the conclusions of law and file the appropriate decision if it differs 
from the decision filed before the request was made. Those fmdings and conclusions and 
the revised decision must be filed in the office of the board and a copy, attested by the 
clerk of the board, must be mailed promptly to all parties interested. The running of the 
COMMITTEE AMENDMENT 
~<o' 
~.~ 
l3 
COMMITTEE AMENDMENT" A "to S.P. 391, L.D. 1119 
time for appeal is terminated by a timely motion made pursuant to this section and the full 
time for appeal commences to run from the filing of those findings and conclusions and 
the revised decision. 
Clerical mistakes in decrees, orders or other parts of the record and errors arising 
from oversight or omission may be corrected by the board at any time of its own 
initiative, at the request of the hearing affieef administrative law judge or on the motion 
of any party and after notice to the parties. During the pendency of an appeal, these 
mistakes may be corrected before the appeal is filed with the division and thereafter, 
while the appeal is pending, may be corrected with leave of the division. 
Sec. 14. 39-A MRSA §320, as amended by PL 2013, c. 63, §§11 and 12 and 
affected by §16, is further amended to read: 
§320. Review by full board 
A hearing affieer An administrative law judge may request that the full board review 
a decision of the hearing affieer administrative law judge ifthe decision involves an issue 
that is of significance to the operation of the workers' compensation system. Except 
when a motion is filed to find the facts specially and state separately the conclusions of 
law, the request must be made within 25 days ofthe issuance of a decision. If a motion is 
filed to find the facts specially and state separately the conclusions of law, the request 
must be made within 5 days of the issuance of a decision on the motion. There may be no 
such review of fmdings of fact made by a hearing affieef an administrative law judge. 
If a hearing affieer an administrative law judge asks for review, the time for appeal is 
stayed and no further action may be taken until a decision of the board has been made. If 
the board reviews a decision of a hearing affieer an administrative law judge, any appeal 
must be from the decision of the board and must be made to the Law Court in accordance 
with section 322. The time for appeal begins upon the board's issuance of a written 
decision on the merits of the case or written notice that the board denies review. 
The board shall vote on whether to review the decision. If a majority of the board's 
membership fails to vote to grant review or the board fails to act within 60 days after 
receiving the initial request for review, the decision of the hearing effieer administrative 
law judge stands, and any appeal must be made to the division in accordance with section 
321-B. If the board votes to review the decision, the board may delegate responsibility 
for reviewing the decision of the hearing effieef administrative law judge under this 
section to panels of board members consisting of equal numbers of representatives of 
labor and management. Review must be on the record and on written briefs only. Upon 
a vote of a majority of the board's membership, the board shall issue a written decision 
affirming, remanding, vacating or modifying the hearing effieef's administrative law 
judge's decision. The written decision of the board must be filed with the board and 
mailed to the parties or their counsel. If the board fails to adopt a decision by majority 
vote, the decision of the heariBg effieef administrative law judge stands and is subject to 
direct appellate review in the same manner as if the board had not voted to review the 
decision. 
Sec. 15. 39-A MRSA §321-A, sub-§§2 and 3, as enacted by PL 2011, c. 647, 
§20, are amended to read: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A "to S.P. 391, L.D. 1119 
2. 
Composition. 
The division is composed of full-time hearing offieers 
administrative law judges who are appointed by the executive director of the board to 
serve on panels to review decisions under section 318. The executive director of the 
board shall appoint no fewer than 3 full-time hearing offieers administrative law judges to 
serve as members of a panel. A heariH:g offieer An administrative law judge may not 
serve as a member of a panel that reviews a decision of that heariH:g offieer administrative 
law judge. A hearing offieer An administrative law judge may be a member of more than 
one panel at the discretion of the executive director of the board. 
3. Rules. The board shall adopt rules of procedure designed to provide a prompt and 
inexpensive review of a decision by a hearing offieer an administrative law judge. Rules 
adopted pursuant to this subsection are routine technical rules as defined in Title 5, 
chapter 375, subchapter 2-A. 
Sec. 16. 39-A MRSA §321-B, as amended by PL 2013, c. 63, §§13 and 14 and 
affected by § 16, is further amended to read: 
§321-B. Appeal from administrative law judge decision 
1. Procedure. An appeal of a decision by a hearing offieer an administrative law 
judge pursuant to section 318 to the division must be conducted pursuant to this 
subsection. 
A. A party in interest may file with the division a notice of intent to appeal a decision 
by a hearing offieer an administrative law judge pursuant to section 318 within 20 
days after receipt of notice of the filing of the decision by the hearing offieer 
administrative law judge. 
B. At the time of filing an appeal under this section, the appellant shall file with the 
division a copy of the decision appealed. The failure of an appellant who timely files 
an appeal in accordance with paragraph A to provide a copy of the decision does not 
affect the jurisdiction of the division to determine the appeal on its merits unless the 
appellee shows substantial prejudice from that failure. 
2. Basis. A finding of fact by a heariag offieer an administrative law judge is not 
subject to appeal under this section. 
3. Action. The division, after due consideration, may affirm, vacate, remand or 
modify a decree of a hearffig offieer an administrative law judge and shall issue a written 
decision. The written decision of the division must be filed with the board and mailed to 
the parties or their counsel. 
4. Publication of decisions. The division shall publish the decisions issued under 
subsection 3 and make them available to the public at such cost as is required to pay for 
suitable publication. The division shall distribute copies of all written decisions to the 
State Law Library and the county law libraries. 
Sec. 17. 39-A MRSA §322, as amended by PL 2011, c. 647, §21, is further 
amended to read: 
COMMITTEE AMENDMENT 
~co· 
~,(;S 
2q 
COMMITTEE AMENDMENT" A "to S.P. 391, L.D. 1119 
§322. Appeal from decision of appellate division or board 
1. Appeals. Any party in interest may present a copy of the decision of the division 
or a deeision of the board, if the board has reviewed a decision pursuant to section 320, to 
the clerk of the Law Court within 20 days after receipt of notice of the filing of the 
decision by the division or the board. Within 20 days after the copy is filed with the Law 
Court, the party seeking review by the Law Court shall file a petition seeking appellate 
review with the Law Court that sets forth a brief statement of the facts, the error or errors 
of law that are alleged to exist and the legal authority supporting the position of the 
appellant. 
2. Procedures. The Law Court shall establish and publish procedures for the review 
of petitions for appellate review of decisions of the board. 
3. Discretionary appeal; action. Upon the approval of 3 or more members of a 
panel consisting of no fewer than 5 Justices of the Law Court, the petition for appellate 
review may be granted. If the petition for appellate review is denied, the decision of the 
board is final. The petition must be considered on written briefs only. 
If the petition for appellate review is granted, the clerk of the Law Court shall notify the 
parties of the briefing schedule consistent with the Maine Rules of Civil Procedure and in 
all respects the appeal before the Law Court must be treated as an appeal in an action in 
which equitable relief has been sought, except that there may be no appeal upon fmdings 
of fact. The Law Court may, after due consideration, reverse, modify or affinn any 
decision of the board. 
Sec. 18. 39-A MRSA §324, sub-§l, as amended by PL 2013, c. 63, §15, is 
further amended to read: 
1. Order or decision. The employer or insurance carrier shall make compensation 
payments within 10 days after the receipt of notice of an approved agreement for payment 
of compensation or within 10 days after any order or decision of the board awarding 
compensation. If the board enters a decision awarding compensation, and a motion for 
findings of fact and conclusions of law is filed with the hearing offieef administrative law 
judge or an appeal is filed with the division pursuant to section 321-B or the Law Court 
pursuant to section 322, payments may not be suspended while the motion for fmdings of 
fact and conclusions of law or appeal is pending. The employer or insurer may recover 
from an employee payments made pending a motion for fmdings of fact and conclusions 
of law or appeal to the division or the Law Court if and to the extent that the hearing 
effieer administrative law judge, division or the Law Court has decided that the employee 
was not entitled to the compensation paid. The board has full jurisdiction to determine the 
amount of overpayment, if any, and the amount and schedule of repayment, if any. The 
board, in determining whether or not repayment should be made and the extent and 
schedule of repayment, shall consider the financial situation of the employee and the 
employee's family and may not order repayment that would work hardship or injustice. 
The board shall notify the Commissioner of Health and Human Services within 10 days 
after the receipt of notice of an approved agreement for payment of compensation or 
within 10 days after any order or decision of the board awarding compensation 
identifying the employee who is to receive the compensation. For purposes of this 
COMMITTEE AMENDMENT 
~C:l' 
~<~ 
2d 
COMMITTEE AMENDMENT" A "to S.P. 391, L.D. 1119 
subsection, "employer or insurance carrier" includes the Maine Insurance Guaranty 
Association under Title 24-A, chapter 57, subchapter 3. 
Sec. 19. 39-A MRSA §329, as enacted by PL 1999, c. 202, §1, is amended to 
read: 
§329. Interpreter required 
An employee whose native language is not English and who does not understand the 
English language to the degree necessary to reasonably understand and participate in 
proceedings that affect the employee's rights is entitled to have an interpreter present at 
all proceedings before the board or a heariflg offieer an administrative law judge relating 
to that employee's rights. The board shall provide and pay the cost of the interpreter. To 
the extent possible, the board shall seek advice from the Department of Labor in locating 
appropriate interpreters to meet the needs of employees in the workers' compensation 
system. 
Sec. 20. 39-A MRSA §353, first~, as enacted by PL 1991, c. 885, Pt. A, §8 and 
affected by §§9 to 11, is amended to read: 
An employee may not be discriminated against by any employer in any way for 
testifying or asserting any claim under this Act. Any employee who is so discriminated 
against may file a petition alleging a violation of this section. The matter must be referred 
to a hearing offieer an administrative law iudge for a formal hearing under section 315, 
but any heariBg offieer administrative law judge who has previously rendered any 
decision concerning the claim must be excluded. If the employee prevails at this hearing, 
the hearing offieer administrative law judge may award the employee reinstatement to the 
employee's previous job, payment of back wages, reestablishment of employee benefits 
and reasonable attorney's fees. 
Sec. 21. 39-A MRSA §355-C, sub-§3, as enacted by PL 2001, c. 448, §5, is 
amended to read: 
3. Determinations. The committee shall review requests for reimbursement within 
days of receipt of the request or within a longer period of time if mutually acceptable 
to the parties. The committee shall issue a final determination, designated as such, to 
each insurer or self-insurer that has requested reimbursement. An insurer or self-insurer 
may petition the board for a hearing before a hearing offieer an administrative law iudge 
within 30 days of notice of the determination. Review by the board is limited to errors of 
law and abuse of discretion. 
Sec. 22. 39-A MRSA §358-A, sub-§I, ~~ and G, as enacted by PL 1997, c. 
486, §8, are amended to read: 
F. The number of penalties assessed and the reasons for the assessments pursuant to 
section 205, subsection 3; section 313, subsection 4; section 324, subsections 2 and 3; 
section 359, subsection 2; and section 360; and 
G. 
The results of the monitoring program giving side-by-side information 
compilations for the past 5 years pursuant to section 359, subsection 37; and 
Sec. 23. 39-A MRSA §358-A, sub-§I, ~ 
is enacted to read: 
COMMITTEE AMENDMENT 
~ co-
~.Q 
COMMITIEE AMENDMENT " A "to S.P. 391, L.D.1119 
H. The timeliness of examinations conducted pursuant to section 312 and any other 
data regarding independent medical examiners and examinations. 
Sec. 24. Transition. A Workers' Compensation Board hearing officer serving on 
the effective date of this Act who is admitted to the practice of law in Maine becomes an 
administrative law judge on the same terms and conditions of employment as existed on 
the day prior to the effective date of this Act and has the same authority to hear and 
decide cases as existed prior to the effective date of this Act. A Workers' Compensation 
Board hearing officer serving on the effective date of this Act who is not admitted to the 
practice of law in Maine remains a hearing officer on the same terms and conditions of 
employment as existed on the day prior to the effective date of this Act and, 
notwithstanding any provision oflaw to the contrary, is considered an administrative law 
judge for all purposes under the Maine Revised Statutes, Title 39-A and has all of the 
rights, responsibilities, duties and authority that existed prior to the effective date of this 
Act. The term "hearing officer," as used in Title 39-A prior to the effective date of this 
Act, is coextensive with the term "administrative law judge," used subsequent to the 
effective date of this Act.' 
SUMMARY 
This amendment replaces the bill and makes various changes in the workers' 
compensation laws. 
1. It maintains the provision in the bill that provides that an employer may report 
wages of an employee to the Workers' Compensation Board in the same manner as the 
employee is paid and adds that an employer is not required to report lost time to the 
Workers' Compensation Board beyond 14 days for an injured employee who has returned 
to work and subsequently attended medical appointments if the employee did not lose 
wages for attending such appointments. 
2. It requires the Workers' Compensation Board to inform the Maine Insurance 
Guaranty Association of the association's responsibilities under the Maine Workers' 
Compensation Act of 1992 within 180 days. 
3. It changes the job title of hearing officer to administrative law judge, except for 
any hearing officer currently serving who is not admitted to the practice of law in Maine. 
4. It requires the Workers' Compensation Board to develop rules in regards to the 
timing and deadlines for independent medical examiner examinations and directs the 
Workers' Compensation Board to annually report data regarding these examinations to 
the Legislature. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05/28/15 
;:!;Pac. 
~ 
LD 1119 
LR 1482(02) 
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 
Fiscal Note for Bill as Amended by Committee Amendment ''f1J' (S-~Th.") 
Committee: Labor, Commerce, Research and Economic Development 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - Other Special Revenue Funds 
Fiscal Detail and Notes 
Additional costs to the Workers' Compensation Board to implement the requirements of this legislation can be 
absorbed within existing budgeted resources.