An Act To Change the Law Governing Occupational Disease Claims under the Maine Workers' Compensation Act of 1992
Maine Legislature, Session 129, LD 1501
Committee: Labor and Housing
Sponsors: JACKSON, CUDDY, SYLVESTER, TUCKER
Amends: 26 MRSA §1192, 39-A MRSA §102, 39-A MRSA §201

Legislative Document
No. 1501
S.P. 463
In Senate, April 4, 2019
An Act To Change the Law Governing Occupational Disease Claims 
under the Maine Workers' Compensation Act of 1992
Reference to the Committee on Labor and Housing suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by President JACKSON of Aroostook.
Cosponsored by Representative CUDDY of Winterport and
Representatives: SYLVESTER of Portland, TUCKER of Brunswick.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  26 MRSA §1192, sub-§5, as amended by PL 1991, c. 885, Pt. E, §39 and 
affected by §47, is further amended to read:
5.  Has earned wages. For each eligible individual establishing a benefit year on or 
after January 1, 1980, the individual has been paid wages equal to or exceeding 2 times 
the annual average weekly wage for insured work in each of 2 different quarters in the 
individual's base period and has been paid total wages equal to or exceeding 6 times the 
annual average weekly wage in the individual's base period for insured work. The annual 
average weekly wage amount to be used for purposes of this subsection is that which is 
applicable at the time the individual files a request for determination of insured status. 
For the purpose of this subsection, wages are counted as "wages for insured work" for 
benefit purposes with respect to any benefit year only if such benefit year begins 
subsequent to the date on which the employer by whom such wages were paid has 
satisfied the conditions of section 1043, subsection 9, or section 1222, subsection 3, with 
respect to becoming an employer; provided that no individual may receive benefits in a 
benefit year, unless, subsequent to the beginning of the next preceding benefit year during 
which that individual received benefits, that individual performed services and earned 
remuneration for such service in an amount equal to not less than 8 times that individual's 
weekly benefit amount in employment by an employer in the benefit year being 
established. This subsection applies only to any individual requesting determination of 
insured status on and after January 1, 1972. In determining a claimant's qualification 
under this subsection, payments pursuant to former Title 39, sections 54 and 55, the 
Workers' Compensation Act, and former Title 39, sections 188 and 189, and Title 39-A, 
former sections 608 and 609, the Occupational Disease Law, are considered wages for 
insured work.
Sec. 2.  39-A MRSA §102, sub-§4, ¶I is enacted to read:
I.  If, on the date of incapacity resulting from occupational cumulative trauma or 
exposure, the employee no longer works in the same occupation in which the 
employee worked when the employee incurred the last injurious occupational 
cumulative trauma or exposure, then the amount of the employee's compensation 
must be determined by using the average weekly wages on the date of injury of 
comparable employees who are employed full-time in the same occupation as was the 
employee at the time of the employee's last injurious exposure.
Sec. 3.  39-A MRSA §102, sub-§16-A is enacted to read:
16-A.  Personal injury.  "Personal injury" includes any condition or disease 
contributed to by an employee's occupational cumulative trauma or exposure that arises 
out of and in the course of employment.  The employer in whose employment the 
employee was last injuriously exposed to the occupational trauma or exposure is fully 
liable for all incapacity resulting from the occupational trauma or exposure.  The date of 
injury for an occupational cumulative trauma or exposure injury is the date the employee 
becomes incapacitated from the occupational cumulative trauma or exposure.
Sec. 4.  39-A MRSA §201, sub-§1, as enacted by PL 1991, c. 885, Pt. A, §8 and 
affected by §§9 to 11, is amended to read:
1.  Entitlement.  If an employee who has not given notice of a claim of common law 
or statutory rights of action, or who has given the notice and has waived the claim or 
rights, as provided in section 301, receives a personal injury arising out of and in the 
course of employment or is disabled by occupational disease, the employee must be paid 
compensation and furnished medical and other services by the employer who has 
assented to become subject to this Act.
Sec. 5.  39-A MRSA §201, sub-§1-A is enacted to read:
1-A.  Occupational cumulative trauma or exposure.  With respect to a personal 
injury that involves a condition or disease contributed to by the employee's occupational 
cumulative trauma or exposure that arises out of and in the course of employment, the 
employer in whose employment the employee was last injuriously exposed to the 
occupational trauma or exposure is fully liable for all incapacity resulting from the 
occupational trauma or exposure.  The date of injury for an occupational cumulative 
trauma or exposure injury is the date that the employee becomes incapacitated from the 
cumulative occupational trauma or exposure.
Sec. 6.  39-A MRSA Pt. 2, as amended, is repealed.
SUMMARY
This bill amends the law governing occupational disease claims under the Maine 
Workers' Compensation Act of 1992.  The bill repeals the chapter in the laws governing 
workers' compensation entitled "Occupational Disease Law" and:
1.  Defines "personal injury" under the laws governing workers' compensation to 
include any condition or disease contributed to by an employee's occupational cumulative 
trauma or exposure that arises out of and in the course of employment;
2.  Specifies that the employer in whose employment the employee was last 
injuriously exposed to the occupational trauma or exposure is fully liable for all 
incapacity resulting from the occupational trauma or exposure, and the date of injury for 
an occupational cumulative trauma or exposure injury is the date that the employee 
becomes incapacitated from the occupational cumulative trauma or exposure;
3.  Provides a method for calculating the amount of the employee's compensation if, 
on the date of incapacity resulting from occupational cumulative trauma or exposure, the 
injured employee no longer works in the same occupation in which the employee worked 
when the employee incurred the last injurious occupational cumulative trauma or 
exposure;
4.  Specifies that, with respect to a personal injury that involves a condition or disease 
contributed to by the employee's occupational cumulative trauma or exposure that arises 
out of and in the course of employment, the employer in whose employment the 
employee was last injuriously exposed to the occupational trauma or exposure is fully 
liable for all incapacity resulting from the occupational trauma or exposure; and
5.  Establishes that the date of injury for an occupational cumulative trauma or 
exposure injury is the date that the employee becomes incapacitated from the 
occupational cumulative trauma or exposure.