reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 39-A: WORKERS' COMPENSATION › Part 1: MAINE WORKERS' COMPENSATION ACT OF 1992 › Chapter 7: PROCEDURES › Subchapter 1: BOARD PROCEEDINGS › 39-A §308. Employment

§308. Employment
1.  Return to employment.
Any person receiving compensation under this Act who returns to employment or engages in new employment after that person's injury shall file a written report of that employment with the board and that person's previous employer within 7 days of that person's return to work. This report must include the identity of the employee, the employee's employer and the amount of weekly wages or earnings received or to be received by the employee. The board shall send the employee notice of the employee's responsibility to notify the board and the employer when the employee returns to work and the employee's responsibility to submit the reports required under this section.
[PL 1991, c. 885, Pt. A, §8 (NEW); PL 1991, c. 885, Pt. A, §§9-11 (AFF).]
2.  Employment status reports.
At the previous employer's request, any person receiving compensation under this Act who has not returned to that person's previous employment must submit quarterly employment status reports to that employer. The report is due 90 days after the date of injury, or after the filing of the report under subsection 1, and every 90 days thereafter. The report must be in a form prescribed by the board and must indicate whether the employee has been employed, changed employment or performed any services for compensation during the previous 90 days, the nature of the employment or services, the name and address of the employer or person for whom the services were performed and any other information that the board by rule may require. Any employer requesting a quarterly report under this subsection must provide the employee with the prescribed form at least 15 days prior to the date on which it is due.
[PL 2023, c. 405, Pt. A, §144 (AMD).]
SECTION HISTORY
PL 1991, c. 885, §A8 (NEW). PL 1991, c. 885, §§A9-11 (AFF). PL 2023, c. 405, Pt. A, §144 (AMD).
2023 Maine Revised Statutes › TITLE 39-A: WORKERS' COMPENSATION › Part 1: MAINE WORKERS' COMPENSATION ACT OF 1992 › Chapter 7: PROCEDURES › Subchapter 1: BOARD PROCEEDINGS › 39-A §310. Protection

§310. Protection
Except for statements made in proceedings before the board, a statement to any investigator or employer's representative, of any kind, oral or written, recorded or unrecorded, made by the injured employee is not admissible in evidence or considered in any way in any proceeding under this Act, except in accordance with this section.   [PL 1991, c. 885, Pt. A, §8 (NEW); PL 1991, c. 885, Pt. A, §§9-11 (AFF).]
1.  Admissible statements.
A statement made to any investigator or employer's representative, of any kind, oral or written, recorded or unrecorded, made by the injured employee is admissible in evidence or may be considered in proceedings only if:
A. It is in writing;   [PL 1991, c. 885, Pt. A, §8 (NEW); PL 1991, c. 885, Pt. A, §§9-11 (AFF).]
B. A true copy of the statement is delivered to the employee by certified mail; and   [PL 1991, c. 885, Pt. A, §8 (NEW); PL 1991, c. 885, Pt. A, §§9-11 (AFF).]
C. The employee has been previously advised in writing of the following:
(1) That the statement may be used against the employee;
(2) That the employer or insurance carrier may have pecuniary interest adverse to the employee;
(3) That the employee may consult with counsel prior to making any statements;
(4) That the employee may decline to make any statement; and
(5) That the employer may not discriminate against the employee in any manner for refusing to make such a statement or exercising in any way the employee's rights under this Act.   [PL 1991, c. 885, Pt. A, §8 (NEW); PL 1991, c. 885, Pt. A, §§9-11 (AFF).]
[PL 1991, c. 885, Pt. A, §8 (NEW); PL 1991, c. 885, Pt. A, §§9-11 (AFF).]
2.  Exception.
This section does not apply to agreements for the payment of compensation made pursuant to this Act or to the admissibility of statements to show compliance with the notice requirements of sections 301 and 302.
[RR 1993, c. 1, §139 (COR).]
3.  Application.
This section applies only to employees injured prior to June 30, 1985.
[PL 1991, c. 885, Pt. A, §8 (NEW); PL 1991, c. 885, Pt. A, §§9-11 (AFF).]
SECTION HISTORY
PL 1991, c. 885, §A8 (NEW). PL 1991, c. 885, §§A9-11 (AFF). RR 1993, c. 1, §139 (COR).
2023 Maine Revised Statutes › TITLE 39-A: WORKERS' COMPENSATION › Part 1: MAINE WORKERS' COMPENSATION ACT OF 1992 › Chapter 7: PROCEDURES › Subchapter 1: BOARD PROCEEDINGS › 39-A §311. Inadmissible statements

§311. Inadmissible statements
No statement of any kind made by the injured employee to any investigator, employer or employer's representative, whether oral or written, recorded or unrecorded, may be admitted into evidence or considered in any way in any proceeding under this Act if it was obtained by means of duress on the part of the investigator, employer or employer's representative.   [PL 1991, c. 885, Pt. A, §8 (NEW); PL 1991, c. 885, Pt. A, §§9-11 (AFF).]
1.  Duress defined.
For the purpose of this section, "duress" is not limited to its common law definition, but includes:
A. Implied or expressed threats relating to the employment of the employee or the employment of a relative of the employee;   [PL 1991, c. 885, Pt. A, §8 (NEW); PL 1991, c. 885, Pt. A, §§9-11 (AFF).]
B. Implied or expressed threats of extensive litigation and appeals of the employee's claim;   [PL 1991, c. 885, Pt. A, §8 (NEW); PL 1991, c. 885, Pt. A, §§9-11 (AFF).]
C. Misleading, false or incomplete statements of law or any misleading, false or incomplete legal opinion given to the employee relating to the employee's eligibility for benefits under this Act;   [PL 1991, c. 885, Pt. A, §8 (NEW); PL 1991, c. 885, Pt. A, §§9-11 (AFF).]
D. Misleading, false or incomplete statements of fact knowingly made to the employee;   [PL 1991, c. 885, Pt. A, §8 (NEW); PL 1991, c. 885, Pt. A, §§9-11 (AFF).]
E. The taking of unfair advantage of an employee's physical, mental or economic problems or shortcomings; and   [PL 1991, c. 885, Pt. A, §8 (NEW); PL 1991, c. 885, Pt. A, §§9-11 (AFF).]
F. Interrogations or investigations conducted under such circumstances as to be severely intimidating to the employee.   [PL 1991, c. 885, Pt. A, §8 (NEW); PL 1991, c. 885, Pt. A, §§9-11 (AFF).]
[PL 1991, c. 885, Pt. A, §8 (NEW); PL 1991, c. 885, Pt. A, §§9-11 (AFF).]
2.  Exception.
This section does not apply to agreements for the payment of compensation made under this Act or to the admissibility of statements to show compliance with the notice requirements of sections 301 and 302.
[PL 1991, c. 885, Pt. A, §8 (NEW); PL 1991, c. 885, Pt. A, §§9-11 (AFF).]
3.  Application.
This section applies only to employees injured on or after June 30, 1985.
[PL 1991, c. 885, Pt. A, §8 (NEW); PL 1991, c. 885, Pt. A, §§9-11 (AFF).]
SECTION HISTORY
PL 1991, c. 885, §A8 (NEW). PL 1991, c. 885, §§A9-11 (AFF).
2023 Maine Revised Statutes › TITLE 39-A: WORKERS' COMPENSATION › Part 1: MAINE WORKERS' COMPENSATION ACT OF 1992 › Chapter 7: PROCEDURES › Subchapter 1: BOARD PROCEEDINGS › 39-A §314. Arbitration

§314. Arbitration
Any case for which an application for a hearing has been filed may be heard by an arbitrator mutually agreed upon in writing by the parties.   [PL 1991, c. 885, Pt. A, §8 (NEW); PL 1991, c. 885, Pt. A, §§9-11 (AFF).]
1.  Evidence.
An arbitrator shall admit evidence in accordance with section 309, subsection 2.
[PL 1991, c. 885, Pt. A, §8 (NEW); PL 1991, c. 885, Pt. A, §§9-11 (AFF).]
2.  Testimony.
Testimony must be taken under oath and a record of the arbitration must be made. Any party, at that party's expense, may provide for a written transcript of the proceedings. The cost of any transcription ordered by the arbitrator for the arbitrator's own use must be paid for by the board.
[PL 1991, c. 885, Pt. A, §8 (NEW); PL 1991, c. 885, Pt. A, §§9-11 (AFF).]
3.  Location of arbitration.
The arbitrator shall conduct the hearing in the county in which the injury occurred or at a place agreed upon by all of the parties.
[PL 1991, c. 885, Pt. A, §8 (NEW); PL 1991, c. 885, Pt. A, §§9-11 (AFF).]
4.  Arbitration decision.
The arbitrator shall render the arbitration decision within 30 days after the close of the arbitration or the receipt of briefs, if required. The decision must be in writing, signed by the arbitrator and include a written opinion stating the arbitrator's findings of fact and conclusions of law. The decision must be filed with the board within 3 days of entry of the decision by the arbitrator.
[PL 1991, c. 885, Pt. A, §8 (NEW); PL 1991, c. 885, Pt. A, §§9-11 (AFF).]
5.  Record.
The decision is part of the record of the arbitration proceeding under this section.
[PL 1991, c. 885, Pt. A, §8 (NEW); PL 1991, c. 885, Pt. A, §§9-11 (AFF).]
6.  Finality.
The findings of fact made by the arbitrator acting within the arbitrator's powers, in the absence of fraud, are conclusive. If the arbitrator 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. Any party may appeal the decision of the arbitrator to the Law Court pursuant to section 322 within 20 days of receipt of notice of the filing of the decision by the arbitrator.
[PL 1991, c. 885, Pt. A, §8 (NEW); PL 1991, c. 885, Pt. A, §§9-11 (AFF).]
7.  Fee; rules.
The board shall by rule provide for the amount of the fee to be paid to the arbitrator by the board and establish administrative processes to review, adopt and monitor arbitration plans.
[PL 1995, c. 105, §1 (AMD).]
SECTION HISTORY
PL 1991, c. 885, §A8 (NEW). PL 1991, c. 885, §§A9-11 (AFF). PL 1995, c. 105, §1 (AMD).
2023 Maine Revised Statutes › TITLE 39-A: WORKERS' COMPENSATION › Part 1: MAINE WORKERS' COMPENSATION ACT OF 1992 › Chapter 7: PROCEDURES › Subchapter 1: BOARD PROCEEDINGS › 39-A §315. Time and place of formal hearing

§315. Time and place of formal hearing
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 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.   [PL 2015, c. 297, §12 (AMD).]
The board shall provide for an expedited process for the scheduling and hearing of matters involving medical care or the right to benefits for total incapacity.   [PL 1991, c. 885, Pt. A, §8 (NEW); PL 1991, c. 885, Pt. A, §§9-11 (AFF).]
SECTION HISTORY
PL 1991, c. 885, §A8 (NEW). PL 1991, c. 885, §§A9-11 (AFF). PL 2015, c. 297, §12 (AMD).
2023 Maine Revised Statutes › TITLE 39-A: WORKERS' COMPENSATION › Part 1: MAINE WORKERS' COMPENSATION ACT OF 1992 › Chapter 7: PROCEDURES › Subchapter 1: BOARD PROCEEDINGS › 39-A §316. Guardians and other representatives for minors and incompetents

§316. Guardians and other representatives for minors and incompetents
If an injured employee is a minor or is mentally incompetent or, when death results from the injury, if any of the employee's dependents entitled to compensation are minors or mentally incompetent at the time when any right, privilege or election accrues under this Act, the parent, guardian or next friend of the minor or incompetent, or some disinterested person designated by the board, may claim and exercise that right, privilege or election, or file any petition or answer, on behalf of the minor or incompetent. No limitation of time provided in this Act may run as long as the minor or incompetent has no parent living or guardian.   [PL 1991, c. 885, Pt. A, §8 (NEW); PL 1991, c. 885, Pt. A, §§9-11 (AFF).]
If the board has reasonable grounds for believing that compensation paid under this Act, either in weekly installments or in a lump sum, will be squandered or wasted by the injured employee or the employee's dependents, the board may designate in writing some disinterested person to act as trustee for the injured employee or the dependents. The trustee shall file an account at least once a year with the board showing the amounts of receipts and expenditures in behalf of the injured employee or the dependents.   [PL 1991, c. 885, Pt. A, §8 (NEW); PL 1991, c. 885, Pt. A, §§9-11 (AFF).]
SECTION HISTORY
PL 1991, c. 885, §A8 (NEW). PL 1991, c. 885, §§A9-11 (AFF).
2023 Maine Revised Statutes › TITLE 39-A: WORKERS' COMPENSATION › Part 1: MAINE WORKERS' COMPENSATION ACT OF 1992 › Chapter 7: PROCEDURES › Subchapter 1: BOARD PROCEEDINGS › 39-A §317. Appearance by authorized officer, employee or advocate

§317. Appearance by authorized officer, employee or advocate
The appearance before the board of an authorized officer, employee, advocate or representative of a party in any hearing, action or proceeding in which the party is participating or desires to participate is not an unauthorized practice of law and is not subject to any criminal sanction. If the appearance of such an officer, employee, advocate or representative prevents the efficient processing of any proceeding, the board, in its discretion, may remove that person from representation of the party.   [PL 1997, c. 486, §6 (AMD).]
SECTION HISTORY
PL 1991, c. 885, §A8 (NEW). PL 1991, c. 885, §§A9-11 (AFF). PL 1997, c. 486, §6 (AMD).
2023 Maine Revised Statutes › TITLE 39-A: WORKERS' COMPENSATION › Part 1: MAINE WORKERS' COMPENSATION ACT OF 1992 › Chapter 7: PROCEDURES › Subchapter 1: BOARD PROCEEDINGS › 39-A §318. Hearing and decision

§318. Hearing and decision
The 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 administrative law judge an agreed statement of facts for a ruling on the applicable law. From the evidence or statements furnished, the administrative law judge shall in a summary manner decide the merits of the controversy. The 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 administrative law judge's decision, in the absence of fraud, on all questions of fact is final; but if the 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.   [PL 2015, c. 297, §13 (AMD).]
The 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.   [PL 2015, c. 297, §13 (AMD).]
The administrative law judge, upon the motion of a party made within 20 days after notice of the decision or upon its own motion, may find 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 findings 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 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.   [PL 2015, c. 297, §13 (AMD).]
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 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.   [PL 2015, c. 297, §13 (AMD).]
SECTION HISTORY
PL 1991, c. 885, §A8 (NEW). PL 1991, c. 885, §§A9-11 (AFF). PL 1999, c. 410, §2 (AMD). PL 2013, c. 63, §10 (AMD). PL 2013, c. 63, §16 (AFF). PL 2015, c. 297, §13 (AMD).
2023 Maine Revised Statutes › TITLE 39-A: WORKERS' COMPENSATION › Part 1: MAINE WORKERS' COMPENSATION ACT OF 1992 › Chapter 7: PROCEDURES › Subchapter 1: BOARD PROCEEDINGS › 39-A §319. Petition for reopening

§319. Petition for reopening
Upon the petition of either party, the board may reopen and review any compensation payment scheme, award or decree on the grounds of newly discovered evidence that by due diligence could not have been discovered prior to the time the payment scheme was initiated or prior to the hearing on which the award or decree was based. The petition must be filed within 30 days of the payment scheme, award or decree.   [PL 1991, c. 885, Pt. A, §8 (NEW); PL 1991, c. 885, Pt. A, §§9-11 (AFF).]
SECTION HISTORY
PL 1991, c. 885, §A8 (NEW). PL 1991, c. 885, §§A9-11 (AFF).
2023 Maine Revised Statutes › TITLE 39-A: WORKERS' COMPENSATION › Part 1: MAINE WORKERS' COMPENSATION ACT OF 1992 › Chapter 7: PROCEDURES › Subchapter 1: BOARD PROCEEDINGS › 39-A §320. Review by full board

§320. Review by full board
An administrative law judge may request that the full board review a decision of the administrative law judge if the 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 of the 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 findings of fact made by an administrative law judge.   [PL 2015, c. 297, §14 (AMD).]
If 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 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.   [PL 2015, c. 297, §14 (AMD).]
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 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 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 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 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.   [PL 2015, c. 297, §14 (AMD).]
SECTION HISTORY
PL 1991, c. 885, §A8 (NEW). PL 1991, c. 885, §§A9-11 (AFF). PL 2003, c. 608, §13 (AMD). PL 2005, c. 25, §1 (AMD). PL 2011, c. 647, §19 (AMD). PL 2013, c. 63, §§11, 12 (AMD). PL 2013, c. 63, §16 (AFF). PL 2015, c. 297, §14 (AMD).
2023 Maine Revised Statutes › TITLE 39-A: WORKERS' COMPENSATION › Part 1: MAINE WORKERS' COMPENSATION ACT OF 1992 › Chapter 7: PROCEDURES › Subchapter 1: BOARD PROCEEDINGS › 39-A §321. Reopening for mistake of fact or fraud

§321. Reopening for mistake of fact or fraud
1.  Agreements.
Upon the petition of either party at any time, the board may annul any agreement that has been approved by the board if it finds that the agreement has been entered into through mistake of fact by the petitioner or through fraud. Except in the case of fraud on the part of the employee, an employee is not barred by any time limit from filing a petition to have the matters covered by the agreement determined in accordance with this Act as though the agreement had not been approved.
[PL 1991, c. 885, Pt. A, §8 (NEW); PL 1991, c. 885, Pt. A, §§9-11 (AFF).]
2.  Compensation payment scheme.
A party may petition the board, within one year of initiation of a payment scheme, award or decree, to reopen any case in which fraud on the part of the opposing party is alleged. If the board finds that the petitioning party exercised due diligence in investigating the initial claim and further finds that fraud occurred, the board may reopen the case as to any issue that may have been affected by the fraudulent act and the board may terminate or modify an employer's obligation to make payment upon a finding that fraud on the part of a party affected the employer's obligation to make payment.
Except in the case of fraud on the part of the employee, an employee is not barred by any time limit from filing a petition to have any issues determined in accordance with this Act as though the payment scheme had not been initiated.
[PL 1991, c. 885, Pt. A, §8 (NEW); PL 1991, c. 885, Pt. A, §§9-11 (AFF).]
SECTION HISTORY
PL 1991, c. 885, §A8 (NEW). PL 1991, c. 885, §§A9-11 (AFF).
2023 Maine Revised Statutes › TITLE 39-A: WORKERS' COMPENSATION › Part 1: MAINE WORKERS' COMPENSATION ACT OF 1992 › Chapter 7: PROCEDURES › Subchapter 1: BOARD PROCEEDINGS › 39-A §321-A. Appellate Division

§321-A. Appellate Division
1.  Establishment.
There is established within the board the Appellate Division, referred to in this subchapter as "the division."
[PL 2011, c. 647, §20 (NEW).]
2.  Composition.
The division is composed of full-time 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 administrative law judges to serve as members of a panel. An administrative law judge may not serve as a member of a panel that reviews a decision of that administrative law judge. An administrative law judge may be a member of more than one panel at the discretion of the executive director of the board.
[PL 2015, c. 297, §15 (AMD).]
3.  Rules.
The board shall adopt rules of procedure designed to provide a prompt and inexpensive review of a decision by an administrative law judge. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.
[PL 2015, c. 297, §15 (AMD).]
SECTION HISTORY
PL 2011, c. 647, §20 (NEW). PL 2015, c. 297, §15 (AMD).
2023 Maine Revised Statutes › TITLE 39-A: WORKERS' COMPENSATION › Part 1: MAINE WORKERS' COMPENSATION ACT OF 1992 › Chapter 7: PROCEDURES › Subchapter 1: BOARD PROCEEDINGS › 39-A §321-B. Appeal from administrative law judge decision

§321-B. Appeal from administrative law judge decision
1.  Procedure.
An appeal of a decision by 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 an administrative law judge pursuant to section 318 within 20 days after receipt of notice of the filing of the decision by the administrative law judge.   [PL 2015, c. 297, §16 (AMD).]
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.   [PL 2013, c. 63, §13 (AMD); PL 2013, c. 63, §16 (AFF).]
[PL 2015, c. 297, §16 (AMD).]
2.  Basis.
A finding of fact by an administrative law judge is not subject to appeal under this section.
[PL 2015, c. 297, §16 (AMD).]
3.  Action.
The division, after due consideration, may affirm, vacate, remand or modify a decree of 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.
[PL 2015, c. 297, §16 (AMD).]
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.
[PL 2011, c. 647, §20 (NEW).]
SECTION HISTORY
PL 2011, c. 647, §20 (NEW). PL 2013, c. 63, §§13, 14 (AMD). PL 2013, c. 63, §16 (AFF). PL 2015, c. 297, §16 (AMD).
2023 Maine Revised Statutes › TITLE 39-A: WORKERS' COMPENSATION › Part 1: MAINE WORKERS' COMPENSATION ACT OF 1992 › Chapter 7: PROCEDURES › Subchapter 1: BOARD PROCEEDINGS › 39-A §322. Appeal from decision of appellate division or board

§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 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. For purposes of an appeal from a decision issued pursuant to section 321‑B, subsection 3, only a decision of the division may be reviewed on appeal.
[PL 2015, c. 469, §2 (AMD).]
2.  Procedures.
The Law Court shall establish and publish procedures for the review of petitions for appellate review of decisions of the board.
[PL 1991, c. 885, Pt. A, §8 (NEW); PL 1991, c. 885, Pt. A, §§9-11 (AFF).]
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 findings of fact. The Law Court may, after due consideration, reverse, modify or affirm any decision of the board.
[PL 1991, c. 885, Pt. A, §8 (NEW); PL 1991, c. 885, Pt. A, §§9-11 (AFF).]
SECTION HISTORY
PL 1991, c. 885, §A8 (NEW). PL 1991, c. 885, §§A9-11 (AFF). PL 2011, c. 647, §21 (AMD). PL 2015, c. 297, §17 (AMD). PL 2015, c. 469, §2 (AMD).
2023 Maine Revised Statutes › TITLE 39-A: WORKERS' COMPENSATION › Part 1: MAINE WORKERS' COMPENSATION ACT OF 1992 › Chapter 7: PROCEDURES › Subchapter 1: BOARD PROCEEDINGS › 39-A §323. Enforcement of board decision

§323. Enforcement of board decision
Any decision of the board is enforceable by the Superior Court by any suitable process, including execution against goods, chattel and real estate and proceedings for contempt for willful failure or neglect to obey the orders or decrees of the court or in any other manner that decrees for equitable relief are enforced. Any party in interest may present copies, certified by the clerk of the board, of any order or decision of the board or of any memorandum of agreement approved by the board to the clerk of courts for the county in which the injury occurred or, if the injury occurred outside the State, to the clerk of courts for Kennebec County. Any Justice of the Superior Court shall then render a pro forma decision in accordance with the order, decision or memorandum and cause all interested parties to be notified. The decision has the same effect and all proceedings in relation to the decision are the same as though rendered in an action in which equitable relief is sought, duly heard and determined by the court. The decision must be for enforcement of a board decision, order or agreement. Appeals from a board decision, order or agreement must be in accordance with section 322.   [PL 1991, c. 885, Pt. A, §8 (NEW); PL 1991, c. 885, Pt. A, §§9-11 (AFF).]
SECTION HISTORY
PL 1991, c. 885, §A8 (NEW). PL 1991, c. 885, §§A9-11 (AFF).
2023 Maine Revised Statutes › TITLE 39-A: WORKERS' COMPENSATION › Part 1: MAINE WORKERS' COMPENSATION ACT OF 1992 › Chapter 7: PROCEDURES › Subchapter 1: BOARD PROCEEDINGS › 39-A §326. Death of petitioner

§326. Death of petitioner
No proceedings under this Act abate because of the death of the petitioner, but may be prosecuted by the employee's legal representatives or by any person entitled to compensation by reason of the death under this Act.   [PL 1991, c. 885, Pt. A, §8 (NEW); PL 1991, c. 885, Pt. A, §§9-11 (AFF).]
SECTION HISTORY
PL 1991, c. 885, §A8 (NEW). PL 1991, c. 885, §§A9-11 (AFF).
2023 Maine Revised Statutes › TITLE 39-A: WORKERS' COMPENSATION › Part 1: MAINE WORKERS' COMPENSATION ACT OF 1992 › Chapter 7: PROCEDURES › Subchapter 1: BOARD PROCEEDINGS › 39-A §327. When employee killed or unable to testify

§327. When employee killed or unable to testify
In any claim for compensation, when the employee has been killed or is physically or mentally unable to testify, there is a rebuttable presumption that the employee received a personal injury arising out of and in the course of employment, that sufficient notice of the injury has been given and that the injury or death was not occasioned by the willful intention of the employee to injure or kill the employee or another.   [PL 1991, c. 885, Pt. A, §8 (NEW); PL 1991, c. 885, Pt. A, §§9-11 (AFF).]
SECTION HISTORY
PL 1991, c. 885, §A8 (NEW). PL 1991, c. 885, §§A9-11 (AFF).
2023 Maine Revised Statutes › TITLE 39-A: WORKERS' COMPENSATION › Part 1: MAINE WORKERS' COMPENSATION ACT OF 1992 › Chapter 7: PROCEDURES › Subchapter 1: BOARD PROCEEDINGS › 39-A §328. Cardiovascular injury or disease and pulmonary disease suffered by a firefighter or resulting in a firefighter's death

§328. Cardiovascular injury or disease and pulmonary disease suffered by a firefighter or resulting in a firefighter's death
Cardiovascular injury or disease and pulmonary disease suffered by a firefighter or resulting in a firefighter's death are governed by this section.   [PL 1991, c. 885, Pt. A, §8 (NEW); PL 1991, c. 885, Pt. A, §§9-11 (AFF).]
1.  Firefighter defined.
For the purposes of this section, "firefighter" means an active member of a municipal fire department or of a volunteer firefighters association if that person is a member of a municipal fire department or volunteer firefighters association and if that person aids in the extinguishment of fires, regardless of whether or not that person has administrative duties or other duties as a member of the municipal fire department or volunteer firefighters association.
[PL 1991, c. 885, Pt. A, §8 (NEW); PL 1991, c. 885, Pt. A, §§9-11 (AFF).]
2.  Presumption.
There is a rebuttable presumption that a firefighter received the injury or contracted the disease arising out of and in the course of employment, that sufficient notice of the injury or disease has been given and that the injury or disease was not occasioned by the willful intention of the firefighter to cause self-injury or injury to another if the firefighter has been an active member of a municipal fire department or a volunteer firefighters association, as defined in Title 30‑A, section 3151, for at least 2 years prior to a cardiovascular injury or the onset of a cardiovascular disease or pulmonary disease and if:
A. The disease has developed or the injury has occurred within 6 months of having participated in fire fighting, or training or drill that actually involves fire fighting; or   [PL 1991, c. 885, Pt. A, §8 (NEW); PL 1991, c. 885, Pt. A, §§9-11 (AFF).]
B. The firefighter had developed the disease or had suffered the injury that resulted in death within 6 months of having participated in fire fighting, or training or drill that actually involved fire fighting.   [PL 1991, c. 885, Pt. A, §8 (NEW); PL 1991, c. 885, Pt. A, §§9-11 (AFF).]
[PL 1991, c. 885, Pt. A, §8 (NEW); PL 1991, c. 885, Pt. A, §§9-11 (AFF).]
SECTION HISTORY
PL 1991, c. 885, §A8 (NEW). PL 1991, c. 885, §§A9-11 (AFF).
2023 Maine Revised Statutes › TITLE 39-A: WORKERS' COMPENSATION › Part 1: MAINE WORKERS' COMPENSATION ACT OF 1992 › Chapter 7: PROCEDURES › Subchapter 1: BOARD PROCEEDINGS › 39-A §328-C. Heart disease or hypertension suffered by certain employees

§328-C. Heart disease or hypertension suffered by certain employees
There is a rebuttable presumption that an employee of the State whose regular or incidental duties require the care, supervision or custody of a person confined in a prison or state correctional facility pursuant to an order of a court or as a result of an arrest and who contracts heart disease or hypertension has contracted the heart disease or hypertension in the course of employment and as a result of that employment, that sufficient notice of the heart disease or hypertension has been given and that the heart disease or hypertension was not occasioned by any willful act of that employee to cause the heart disease or hypertension, as long as the employee successfully passed a physical examination upon entry into that employment or during the time of that employment that failed to reveal any evidence of heart disease or hypertension.   [PL 2021, c. 730, §1 (NEW).]
SECTION HISTORY
PL 2021, c. 730, §1 (NEW).
2023 Maine Revised Statutes › TITLE 39-A: WORKERS' COMPENSATION › Part 1: MAINE WORKERS' COMPENSATION ACT OF 1992 › Chapter 7: PROCEDURES › Subchapter 1: BOARD PROCEEDINGS › 39-A §328-D. Cardiovascular injury or disease and pulmonary disease suffered by a law enforcement officer or resulting in a law enforcement officer's death

§328-D. Cardiovascular injury or disease and pulmonary disease suffered by a law enforcement officer or resulting in a law enforcement officer's death
Cardiovascular injury or disease and pulmonary disease suffered by a law enforcement officer or resulting in a law enforcement officer's death are governed by this section.   [PL 2023, c. 445, §1 (NEW).]
1.  Law enforcement officer defined.
For the purposes of this section, "law enforcement officer" means an active member of a law enforcement agency, as defined in Title 5, section 4651, if the person is vested by law with the power to make arrests for crimes or serve criminal process, whether that power extends to all crimes or is limited to specific crimes and if the person holds a current and valid certificate issued by the Board of Trustees of the Maine Criminal Justice Academy pursuant to Title 25, section 2803‑A.
[PL 2023, c. 445, §1 (NEW).]
2.  Presumption.
There is a rebuttable presumption that a law enforcement officer received the injury or contracted the disease arising out of and in the course of employment, that sufficient notice of the injury or disease has been given and that the injury or disease was not occasioned by the willful intention of the law enforcement officer to cause self-injury or injury to another if the law enforcement officer has been an active member of a law enforcement agency, as defined in Title 5, section 4651, for at least 2 years prior to a cardiovascular injury or the onset of a cardiovascular disease or pulmonary disease and if:
A. The disease has developed or the injury has occurred within 6 months of having participated in law enforcement activities or in a training or drill that involved law enforcement activities; or   [PL 2023, c. 445, §1 (NEW).]
B. The law enforcement officer had developed the disease or had suffered the injury that resulted in death within 6 months of having participated in law enforcement activities or in a training or drill that involved law enforcement activities.   [PL 2023, c. 445, §1 (NEW).]
[PL 2023, c. 445, §1 (NEW).]
SECTION HISTORY
PL 2023, c. 445, §1 (NEW).
2023 Maine Revised Statutes › TITLE 39-A: WORKERS' COMPENSATION › Part 1: MAINE WORKERS' COMPENSATION ACT OF 1992 › Chapter 7: PROCEDURES › Subchapter 1: BOARD PROCEEDINGS › 39-A §329. Interpreter required

§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 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.   [PL 2015, c. 297, §19 (AMD).]
SECTION HISTORY
PL 1999, c. 202, §1 (NEW). PL 2015, c. 297, §19 (AMD).
2023 Maine Revised Statutes › TITLE 39-A: WORKERS' COMPENSATION › Part 1: MAINE WORKERS' COMPENSATION ACT OF 1992 › Chapter 7: PROCEDURES › Subchapter 2: MISCELLANEOUS › 39-A §351. Nonresidents

§351. Nonresidents
If an employee receiving weekly payments under this Act ceases to reside in the State or if the employee's residence at the time of the injury is in another state, the board upon application of either party may, in its discretion, having regard to the welfare of the employee and the convenience of the employer, authorize payments to be made monthly or quarterly instead of weekly.   [PL 1991, c. 885, Pt. A, §8 (NEW); PL 1991, c. 885, Pt. A, §§9-11 (AFF).]
SECTION HISTORY
PL 1991, c. 885, §A8 (NEW). PL 1991, c. 885, §§A9-11 (AFF).
2023 Maine Revised Statutes › TITLE 39-A: WORKERS' COMPENSATION › Part 1: MAINE WORKERS' COMPENSATION ACT OF 1992 › Chapter 7: PROCEDURES › Subchapter 2: MISCELLANEOUS › 39-A §353. Discrimination

§353. Discrimination
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 an administrative law judge for a formal hearing under section 315, but any administrative law judge who has previously rendered any decision concerning the claim must be excluded. If the employee prevails at this hearing, the 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.   [PL 2015, c. 297, §20 (AMD).]
This section applies only to an employer against whom the employee has testified or asserted a claim under this Act. Discrimination by an employer who is not the same employer against whom the employee has testified or asserted a claim under this Act is governed by Title 5, section 4572, subsection 1, paragraph A.   [PL 1991, c. 885, Pt. A, §8 (NEW); PL 1991, c. 885, Pt. A, §§9-11 (AFF).]
SECTION HISTORY
PL 1991, c. 885, §A8 (NEW). PL 1991, c. 885, §§A9-11 (AFF). PL 2015, c. 297, §20 (AMD).
2023 Maine Revised Statutes › TITLE 39-A: WORKERS' COMPENSATION › Part 1: MAINE WORKERS' COMPENSATION ACT OF 1992 › Chapter 7: PROCEDURES › Subchapter 2: MISCELLANEOUS › 39-A §354. Multiple injuries; apportionment of liability

§354. Multiple injuries; apportionment of liability
1.  Applicability.
When 2 or more occupational injuries occur, during either a single employment or successive employments, that combine to produce a single incapacitating condition and more than one insurer is responsible for that condition, liability is governed by this section.
[PL 1991, c. 885, Pt. A, §8 (NEW); PL 1991, c. 885, Pt. A, §§9-11 (AFF).]
2.  Liability to employee.
If an employee has sustained more than one injury while employed by different employers, or if an employee has sustained more than one injury while employed by the same employer and that employer was insured by one insurer when the first injury occurred and insured by another insurer when the subsequent injury or injuries occurred, the insurer providing coverage at the time of the last injury shall initially be responsible to the employee for all benefits payable under this Act.
[PL 1991, c. 885, Pt. A, §8 (NEW); PL 1991, c. 885, Pt. A, §§9-11 (AFF).]
3.  Subrogation.
Any insurer determined to be liable for benefits under subsection 2 must be subrogated to the employee's rights under this Act for all benefits the insurer has paid and for which another insurer may be liable. Apportionment decisions made under this subsection may not affect an employee's rights and benefits under this Act. There may be no reduction of an employee's entitlement to any benefits under this Act payable by an insurer based on a prior work-related injury that was the subject of a lump sum settlement approved by the board prior to the date of the injury for which the insurer is responsible. The board has jurisdiction over proceedings to determine the apportionment of liability among responsible insurers.
[PL 2009, c. 301, §1 (AMD); PL 2009, c. 301, §2 (AFF).]
4.  Consolidation.
The board may consolidate some or all proceedings arising out of multiple injuries.
[PL 1991, c. 885, Pt. A, §8 (NEW); PL 1991, c. 885, Pt. A, §§9-11 (AFF).]
SECTION HISTORY
PL 1991, c. 885, §A8 (NEW). PL 1991, c. 885, §§A9-11 (AFF). PL 1999, c. 354, §9 (AMD). PL 2009, c. 301, §1 (AMD). PL 2009, c. 301, §2 (AFF).
2023 Maine Revised Statutes › TITLE 39-A: WORKERS' COMPENSATION › Part 1: MAINE WORKERS' COMPENSATION ACT OF 1992 › Chapter 7: PROCEDURES › Subchapter 2: MISCELLANEOUS › 39-A §355-A. Supplemental Benefits Fund

§355-A. Supplemental Benefits Fund
1.  Creation of fund.
The Supplemental Benefits Fund, referred to in this section and sections 355‑B to 356 as the "fund," is created to reimburse insurers and self-insurers for their payments of compensation to employees under section 213, subsections 3 and 4.
[PL 2001, c. 448, §5 (NEW).]
2.  Administration of fund.
The Supplemental Benefits Fund is administered by the Supplemental Benefits Oversight Committee in accordance with this section and sections 355‑B to 356. The Treasurer of State is the custodian of the fund. All money and securities in the fund must be held in trust by the Treasurer of State for the purpose of making payments under this Act and are not money or property for the general use of the State. The fund does not lapse. Investment decisions regarding the fund are made by the Supplemental Benefits Oversight Committee or the service agent, as provided in section 355‑B, subsection 10. Interest, income and dividends from investments must be credited to the fund. The Treasurer of State may disburse money from the fund only upon written order of the Supplemental Benefits Oversight Committee or the committee's duly appointed service agent.
[PL 2001, c. 448, §5 (NEW).]
3.  Freedom from liability.
The State, members of the Supplemental Benefits Oversight Committee, service agents and subcontractors of a service agent are not liable for any claim against the fund that is in excess of the fund's ability to pay. If any claim against the fund is denied due to an inadequate fund balance, that claim has priority over later claims when an adequate balance is restored.
[PL 2001, c. 448, §5 (NEW).]
SECTION HISTORY
PL 2001, c. 448, §5 (NEW).
2023 Maine Revised Statutes › TITLE 39-A: WORKERS' COMPENSATION › Part 1: MAINE WORKERS' COMPENSATION ACT OF 1992 › Chapter 7: PROCEDURES › Subchapter 2: MISCELLANEOUS › 39-A §357. Information from insurance companies

§357. Information from insurance companies
1.  Completion of forms.
Every insurance company insuring employers under this Act shall fill out any blanks and answer all questions submitted that may relate to policies, premiums, amount of compensation paid and such other information as the board or the Superintendent of Insurance may determine important, either for the proper administration of this Act or for statistical purposes.
[PL 1991, c. 885, Pt. A, §8 (NEW); PL 1991, c. 885, Pt. A, §§9-11 (AFF).]
2.  Explanation of reserving policy.
Every insurance company subject to Title 24‑A, chapter 25, subchapter II-B shall, not later than 30 days after filing its annual statement, file with the Superintendent of Insurance a detailed explanation of its reserve policy in regard to claims under this Act, including specific reserve guidelines.
[PL 1991, c. 885, Pt. A, §8 (NEW); PL 1991, c. 885, Pt. A, §§9-11 (AFF).]
SECTION HISTORY
PL 1991, c. 885, §A8 (NEW). PL 1991, c. 885, §§A9-11 (AFF).
2023 Maine Revised Statutes › TITLE 39-A: WORKERS' COMPENSATION › Part 1: MAINE WORKERS' COMPENSATION ACT OF 1992 › Chapter 7: PROCEDURES › Subchapter 2: MISCELLANEOUS › 39-A §358. Reports and data collection (REPEALED)

§358. Reports and data collection
(REPEALED)
SECTION HISTORY
PL 1991, c. 885, §A8 (NEW). PL 1991, c. 885, §§A9-11 (AFF). RR 1993, c. 1, §140 (COR). PL 1997, c. 486, §7 (RP).
2023 Maine Revised Statutes › TITLE 39-A: WORKERS' COMPENSATION › Part 1: MAINE WORKERS' COMPENSATION ACT OF 1992 › Chapter 7: PROCEDURES › Subchapter 2: MISCELLANEOUS › 39-A §361. Payment to the Workers' Compensation Board Administrative Fund; enforcement

§361. Payment to the Workers' Compensation Board Administrative Fund; enforcement
1.  Payment.
All penalties assessed under this Act are payable to the Workers' Compensation Board Administrative Fund, unless otherwise provided by law. Upon certification by the board that certain amounts in the Workers' Compensation Board Administrative Fund attributable to penalties assessed pursuant to this Act are not required to support the activities of the board, the Treasurer of State shall transfer funds in the amount certified by the board to the General Fund.
[PL 2007, c. 26, §1 (NEW).]
2.  Enforcement and collection.
All penalties assessed under this Act are enforceable by the Superior Court under section 323.
A. The Attorney General shall prosecute any action necessary to recover penalties payable to the Workers' Compensation Board Administrative Fund, Employment Rehabilitation Fund or General Fund, or the board may retain private counsel for that purpose.   [PL 2007, c. 26, §1 (NEW).]
B. If a person fails to pay a penalty assessed under this Act that is payable to the Workers' Compensation Board Administrative Fund, Employment Rehabilitation Fund or General Fund and enforcement by the Superior Court is necessary:
(1) That person shall pay the costs of prosecuting the action in Superior Court, including reasonable attorney's fees; and
(2) If the failure to pay was without due cause, any penalty assessed on that person under this Act must be doubled.   [PL 2007, c. 26, §1 (NEW).]
[PL 2007, c. 26, §1 (NEW).]
SECTION HISTORY
PL 1993, c. 145, §6 (NEW). PL 2007, c. 26, §1 (RPR).