An Act To Improve Employee Representation under the Maine Workers' Compensation Act of 1992 by Amending the Laws Governing Attorney's Fees
Maine Legislature, Session 129, LD 1623
Committee: Labor and Housing
Sponsors: JACKSON
Amends: 39-A MRSA §325

Legislative Document
No. 1623
S.P. 520
In Senate, April 23, 2019
An Act To Improve Employee Representation under the Maine 
Workers' Compensation Act of 1992 by Amending the Laws 
Governing Attorney's Fees
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.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  39-A MRSA §325, sub-§1, as enacted by PL 1991, c. 885, Pt. A, §8 and 
affected by §§9 to 11, is amended to read:
1.  Costs and attorney's fees.  Except as provided in subsection 1-A or otherwise 
provided by law, by the Maine Rules of Civil Procedure or by rule of court, each party is 
responsible for the payment of the party's own costs and attorney's fees.  In the event of a 
disagreement as to those costs or fees, an interested party may apply to the board for a 
hearing.
Sec. 2.  39-A MRSA §325, sub-§1-A is enacted to read:
1-A.  Attorney's fees payable by employer.  An employer shall pay the employee's 
reasonable costs and attorney's fees relating to the assertion of a claim or the protection of 
rights under this Act as provided in this subsection:
A.  If the employee prevails on a disputed petition for payment of medical and related 
expenses filed under section 206, the employer shall pay the reasonable costs and 
attorney's fees for services rendered from the date upon which the controversy is 
initiated by either party; 
B.  If the employee prevails in an appeal that is decided by the division, the employer 
shall pay the reasonable costs and attorney's fees for services rendered from the date 
upon which a notice of intent to appeal is filed pursuant to section 321-B; and
C.  If the employee prevails in an appeal that is decided by the Law Court, the 
employer shall pay the reasonable costs and attorney's fees for services rendered from 
the date upon which a petition seeking appellate review with the Law Court is filed 
pursuant to section 322.
For purposes of this subsection, "prevail" means to obtain or retain more compensation or 
benefits under this Act than were offered to the employee in writing before the 
proceeding was initiated; or, if no such offer was made, "prevail" means to obtain or 
retain compensation or benefits under this Act.
Sec. 3.  39-A MRSA §325, sub-§4, as enacted by PL 1991, c. 885, Pt. A, §8 and 
affected by §§9 to 11, is amended to read:
4.  Attorney's fees for lump-sum settlements.  Attorney's fees for lump-sum 
settlements pursuant to section 352 must be determined as follows:
A.  Before computing the fee, reasonable expenses incurred on the employee's behalf 
must be deducted from the total settlement, including:
(1)  Medical examination fee and witness fee;
(2)  Any other medical witness fee, including cost of subpoena;
(3)  Cost of court reporter service; and
(4)  Appeal costs; and.
B.  The computation of the fee, based on the amount resulting after deductions 
according to paragraph A, may not exceed:
(1)  Ten percent of the first $50,000 of the  settlement;
(2)  Nine percent of the first $10,000 over $50,000 of the settlement;
(3)  Eight percent of the next $10,000 over $50,000 of the settlement;
(4)  Seven percent of the next $10,000 over $50,000 of the settlement;
(5)  Six percent of the next $10,000 over $50,000 of the settlement; and
(6)  Five percent of any amount over $90,000 of the settlement.
SUMMARY
This bill amends the law governing attorney's fees under the Maine Workers' 
Compensation Act of 1992.  The bill:
1.  Requires employers to pay reasonable costs and attorney's fees if the employee 
prevails on a disputed petition for payment of medical and related expenses or if the 
employee prevails in an appeal that is decided by the Appellate Division or by the Law 
Court; and 
2.  Removes language governing the specific computation of attorney's fees for lump-
sum settlements.