An Act Regarding the Waiting Period for Compensation for Incapacity To Work under the Maine Workers' Compensation Act of 1992
Maine Legislature, Session 130, LD 1430
Committee: Labor and Housing
Sponsors: BRYANT, MIRAMANT, COLLINGS, CUDDY, SYLVESTER
Amends: 39-A MRSA §204

Legislative Document
No. 1430
H.P. 1046
House of Representatives, April 12, 2021
An Act Regarding the Waiting Period for Compensation for 
Incapacity To Work under the Maine Workers' Compensation Act 
of 1992
Received by the Clerk of the House on April 8, 2021.  Referred to the Committee on Labor 
and Housing pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative BRYANT of Windham.
Cosponsored by Senator MIRAMANT of Knox and
Representatives: COLLINGS of Portland, CUDDY of Winterport, SYLVESTER of Portland.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  39-A MRSA §204, as enacted by PL 1991, c. 885, Pt. A, §8 and affected by 
§§9 to 11, is repealed and the following enacted in its place:
§204.  Waiting period; when compensation payable
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings.
A.  "Corrections employee" means an employee of the State or a county whose place 
of employment is a correctional facility as defined in Title 34-A, section 1001, 
subsection 6 or an employee of a county or municipality whose place of employment 
is a county or municipal detention facility as that term is used in Title 34-A, section 
1208 or 1208-A.
B.  "Employee of a state mental health institute" means an employee of a program or 
service under Title 22-A, section 203, subsection 1, paragraph B or C who works at a 
state mental health institute under Title 22-A, section 208 and who is incapacitated 
because of an infectious disease or as the result of an assault by a resident of the 
institute.
C.  "Firefighter" means a member of a municipal fire department or volunteer fire 
association whose duties include the extinguishment of fires or an investigator or 
sergeant in the Office of the State Fire Marshal.
D.  "Infectious disease" means a disease resulting from the presence and activity of a 
pathogenic microbial agent, including bacteria, viruses, fungi and parasites.
2.  When compensation payable.  Compensation for incapacity to work is not payable 
for the first 7 days of incapacity, except that firefighters, corrections employees and 
employees of a state mental health institute must receive compensation from the date of 
incapacity. In case incapacity to work continues for more than 14 days, compensation is 
allowed from the date of incapacity.
SUMMARY
This bill amends the Maine Workers' Compensation Act of 1992 by allowing an 
employee of the State or a county whose place of employment is a correctional facility and 
an employee of a county or municipality whose place of employment is a county or 
municipal detention facility to receive compensation from the date of incapacity.  It also 
allows certain employees of a state mental health institute incapacitated because of an 
infectious disease or an assault by a resident of the institute to receive compensation from 
the date of incapacity.