reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 39-A: WORKERS' COMPENSATION › Part 1: MAINE WORKERS' COMPENSATION ACT OF 1992 › Chapter 9: INSURANCE AND SELF-INSURANCE › 39-A §402. Prepayment of premium

§402. Prepayment of premium
An insurance company that issues workers' compensation insurance policies may not require prepayment of premium more than 1/4 year in advance.   [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 9: INSURANCE AND SELF-INSURANCE › 39-A §405. Voluntary election

§405. Voluntary election
Any private employer, any of whose employees are exempt from this Act, may become subject to this Act with respect to the employer's employees and the act of the employer in securing the payment of compensation to such employee or class of employees in conformity with sections 401 to 407 constitutes the employer's election to become subject to this Act without any further act on the employer's part, but only for that employee or that class of employees for whom the employer has secured compensation as provided in sections 401 to 407, except that, for any employer who secures compensation by making a contract of workers' compensation insurance, the election is deemed to have been made on the effective date of the insurance policy.   [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 9: INSURANCE AND SELF-INSURANCE › 39-A §406. Notices of assent to be posted

§406. Notices of assent to be posted
A notice in a form as the board approves, stating that the employer has conformed to this Act, together with other information as the board determines, must be posted by the employer and kept posted by the employer in each of the employer's mills, factories or places of business. The notice must be conspicuous and posted in a place accessible to the employer's employees.   [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 9: INSURANCE AND SELF-INSURANCE › 39-A §407. Misclassification of employees

§407. Misclassification of employees
An employer with a currently approved workers' compensation policy or a currently accepted self-insurance workers' compensation policy that has misclassified one or more employees has failed to secure payment of compensation within the meaning of section 324, subsection 3 and is subject to the penalties prescribed by that section.   [PL 2015, c. 469, §7 (AMD).]
SECTION HISTORY
PL 1991, c. 885, §A8 (NEW). PL 1991, c. 885, §§A9-11 (AFF). PL 2015, c. 469, §7 (AMD). RR 2017, c. 1, §35 (COR).
2023 Maine Revised Statutes › TITLE 39-A: WORKERS' COMPENSATION › Part 1: MAINE WORKERS' COMPENSATION ACT OF 1992 › Chapter 9: INSURANCE AND SELF-INSURANCE › 39-A §408. Waiver of right of action; minors

§408. Waiver of right of action; minors
Except as provided in subsection 2, an employee of an employer who has secured the payment of compensation as provided in sections 401 to 407 is deemed to have waived the employee's right of action at common law and under section 104 to recover damages for the injuries sustained by the employee.   [PL 1991, c. 885, Pt. A, §8 (NEW); PL 1991, c. 885, Pt. A, §§9-11 (AFF).]
1.  Legally employed minors.
A minor is deemed sui juris for the purpose of this Act if the minor's employer was not in violation of Title 26, section 771, 772 or 773‑A at the time of the minor's injury. No other person has any cause of action or right to compensation for an injury to that minor employee except as provided in this section.
[PL 2017, c. 286, §11 (AMD).]
2.  Illegally employed minors.
A minor is not deemed to have waived the minor's right of action at common law and under section 104 if the minor's employer was in violation of Title 26, section 771, 772 or 773‑A at the time of the minor's injury.
A. The minor employee, the minor's parent or guardian or any other person, as permitted by common law or statute, may file a civil action permitted under this subsection.   [PL 1991, c. 885, Pt. A, §8 (NEW); PL 1991, c. 885, Pt. A, §§9-11 (AFF).]
B. The minor employee is entitled to compensation under this Act in addition to any right of action permitted under this subsection.   [PL 1991, c. 885, Pt. A, §8 (NEW); PL 1991, c. 885, Pt. A, §§9-11 (AFF).]
C. If the employer is self-insured for liability under this Act, any award received by the minor in an action permitted under this subsection must be reduced by the amount of compensation received under this Act.   [PL 1991, c. 885, Pt. A, §8 (NEW); PL 1991, c. 885, Pt. A, §§9-11 (AFF).]
D. If the employer is insured for liability under this Act, the employer is considered a 3rd party under section 107, and the employer's insurer is entitled to all rights of subrogation, contribution or other rights granted to an employer under section 107.   [PL 1991, c. 885, Pt. A, §8 (NEW); PL 1991, c. 885, Pt. A, §§9-11 (AFF).]
[PL 2017, c. 286, §11 (AMD).]
SECTION HISTORY
PL 1991, c. 885, §A8 (NEW). PL 1991, c. 885, §§A9-11 (AFF). PL 2017, c. 286, §11 (AMD).
2023 Maine Revised Statutes › TITLE 39-A: WORKERS' COMPENSATION › Part 2: OCCUPATIONAL DISEASE LAW › Chapter 15: OCCUPATIONAL DISEASE LAW › 39-A §601. Short title

§601. Short title
This chapter may be known and cited as the "Occupational Disease Law."   [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 2: OCCUPATIONAL DISEASE LAW › Chapter 15: OCCUPATIONAL DISEASE LAW › 39-A §602. Application

§602. Application
Except as otherwise specifically provided, incapacity to work or death of an employee arising out of and in the course of employment and resulting from an occupational disease must be treated as the happening of a personal injury arising out of and in the course of the employment, within the meaning of the former Workers' Compensation Act or the Maine Workers' Compensation Act of 1992, and all the provisions of the applicable Act apply to that occupational disease. This chapter applies only to cases in which the last exposure to an occupational disease in an occupation subject to the hazards of that disease occurred in the State and after January 1, 1946.   [PL 1995, c. 462, Pt. A, §80 (AMD).]
SECTION HISTORY
PL 1991, c. 885, §A8 (NEW). PL 1991, c. 885, §§A9-11 (AFF). PL 1995, c. 462, §A80 (AMD).
2023 Maine Revised Statutes › TITLE 39-A: WORKERS' COMPENSATION › Part 2: OCCUPATIONAL DISEASE LAW › Chapter 15: OCCUPATIONAL DISEASE LAW › 39-A §603. Occupational disease defined

§603. Occupational disease defined
As used in this chapter, the term "occupational disease" means only a disease that is due to causes and conditions characteristic of a particular trade, occupation, process or employment and that arises out of and in the course of employment.   [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 2: OCCUPATIONAL DISEASE LAW › Chapter 15: OCCUPATIONAL DISEASE LAW › 39-A §604. False reports

§604. False reports
Compensation is not payable for an occupational disease if the employee who was employed on January 1, 1946 or who, at the time of entering into the employment of the employer by whom the compensation would otherwise be payable, falsely represents in writing that the employee has not previously been disabled, laid off or compensated in damages or otherwise because of such disease.   [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 2: OCCUPATIONAL DISEASE LAW › Chapter 15: OCCUPATIONAL DISEASE LAW › 39-A §605. Aggravation of occupational disease

§605. Aggravation of occupational disease
When an occupational disease is aggravated by any other disease or infirmity not itself compensable, or death or incapacity from any other cause not itself compensable is aggravated, prolonged, accelerated or in any way contributed to by an occupational disease, the compensation payable must be reduced and limited to the proportion only of the compensation that would be payable if the occupational disease were the sole cause of the incapacity or death as the occupational disease, as a causative factor, bears to all the causes of that incapacity or death, the reduction in compensation to be effected by reducing the number of weekly or monthly payments or the amounts of the payments as, under the circumstances of the particular case, may be for the best interest of the claimant or claimants.   [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 2: OCCUPATIONAL DISEASE LAW › Chapter 15: OCCUPATIONAL DISEASE LAW › 39-A §606. Date from which compensation is computed; employer liable

§606. Date from which compensation is computed; employer liable
The date when an employee becomes incapacitated by an occupational disease from performing the employee's work in the last occupation in which the employee was injuriously exposed to the hazards of the occupational disease is the date of the injury equivalent to the date of injury under the former Workers' Compensation Act or the Maine Workers' Compensation Act of 1992. When compensation is payable for an occupational disease, the employer in whose employment the employee was last injuriously exposed to the hazards of the occupational disease and the insurance carrier, if any, on the risk when the employee was last exposed under that employer, are liable. The amount of the compensation must be based on the average wages of the employee on the date of injury. Notice of injury and claim for compensation must be given to the employer in whose employment the employee was last injuriously exposed to the hazards of the occupational disease. On the date of incapacity, if the employee is no longer working in the same occupation in which the employee incurred the last injurious exposure, then the average wages as of the date of injury of comparable employees employed full-time in the same occupation as the employee at the time of the employee's last injurious exposure must be used to determine the amount of compensation. The only employer and insurance carrier liable are the last employer in whose employment the employee was last injuriously exposed to the hazards of the disease during a period of 60 days or more and the insurance carrier, if any, on the risk when the employee was last so exposed, under that employer.   [PL 2007, c. 313, §1 (AMD).]
SECTION HISTORY
PL 1991, c. 885, §A8 (NEW). PL 1991, c. 885, §§A9-11 (AFF). PL 1995, c. 462, §A81 (AMD). PL 2007, c. 313, §1 (AMD).
2023 Maine Revised Statutes › TITLE 39-A: WORKERS' COMPENSATION › Part 2: OCCUPATIONAL DISEASE LAW › Chapter 15: OCCUPATIONAL DISEASE LAW › 39-A §607. Notice of incapacity; filing of claim

§607. Notice of incapacity; filing of claim
Sections 301 to 307 with reference to giving notice, making claims and filing petitions apply to cases under this chapter, except that, in cases under this chapter, the date of incapacity defined in section 606 is equal to the date of injury in sections 301 to 307, and the notice under section 301 must include the employee's name and address, the nature of the occupational disease, the date of incapacity, the name of the employer in whose employment the employee was last injuriously exposed for a period of 60 days to the hazards of the disease and the date when employment with that employer ceased. After compensation payments for an occupational disease have been legally discontinued, claim for further compensation for that occupational disease not due to further exposure to an occupational hazard tending to cause that disease are barred if not made within one year after the last previous payment.   [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 2: OCCUPATIONAL DISEASE LAW › Chapter 15: OCCUPATIONAL DISEASE LAW › 39-A §608. Partial incapacity

§608. Partial incapacity
Compensation is payable for partial incapacity due to occupational diseases as provided in section 213.   [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 2: OCCUPATIONAL DISEASE LAW › Chapter 15: OCCUPATIONAL DISEASE LAW › 39-A §609. Compensation limits

§609. Compensation limits
Compensation for partial or total incapacity or death from occupational disease is payable as provided in sections 212, 213 and 215. Compensation is not payable for incapacity by reason of occupational diseases unless the incapacity results within 3 years after the last injurious exposure to the occupational disease in the employment.   [PL 1991, c. 885, Pt. A, §8 (NEW); PL 1991, c. 885, Pt. A, §§9-11 (AFF).]
The 3-year limitation under this section does not apply to a full-time firefighter who files a claim for an occupationally related cancer under this chapter and whose last injurious exposure to a carcinogen in the employer's employment occurred after January 1, 1985. For the purposes of this section, "full-time firefighter" means a regular full-time member, active or retired, of a municipal fire department if that person has aided in the extinguishment of fires, whether or not that person had administrative duties or other duties as a member of the municipal fire department.   [RR 1993, c. 1, §142 (NEW).]
SECTION HISTORY
PL 1991, c. 885, §A8 (NEW). PL 1991, c. 885, §§A9-11 (AFF). RR 1993, c. 1, §142 (COR).
2023 Maine Revised Statutes › TITLE 39-A: WORKERS' COMPENSATION › Part 2: OCCUPATIONAL DISEASE LAW › Chapter 15: OCCUPATIONAL DISEASE LAW › 39-A §610. Examination of employees

§610. Examination of employees
An employer may request any of the employer's employees or prospective employees to be examined for the purpose of ascertaining if any of them are in any degree affected by an occupational disease or peculiarly susceptible to an occupational disease. Refusal to submit to such an examination bars that employee or prospective employee from compensation or other benefits provided by this chapter resulting from exposure to the hazards of occupational disease subsequent to the employee's refusal and while in the employ of the employer.   [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 2: OCCUPATIONAL DISEASE LAW › Chapter 15: OCCUPATIONAL DISEASE LAW › 39-A §611. Impartial medical advice

§611. Impartial medical advice
On request of a party or on its own motion the board may in occupational disease cases appoint one or more competent and impartial physicians. Upon order of the board, the fees and expenses of the health care provider or health care providers must be paid by the employer. These appointees shall examine the employee and inspect the industrial conditions under which the employee has worked in order to determine the nature, extent and probable duration of the occupational disease, the likelihood of its origin in the industry and the date of incapacity. Section 207 applies to the filing and subsequent proceedings on the report of the appointees and to examinations and treatments by the employer.   [PL 1991, c. 885, Pt. A, §8 (NEW); PL 1991, c. 885, Pt. A, §§9-11 (AFF).]
If a claim is made for death from an occupational disease, an autopsy may be ordered by the board under the supervision of impartial appointees. All proceedings for or payments of compensation to any claimant refusing to permit such an autopsy when ordered are suspended on and during the continuance of such a refusal.   [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 2: OCCUPATIONAL DISEASE LAW › Chapter 15: OCCUPATIONAL DISEASE LAW › 39-A §613. Silicosis

§613. Silicosis
In the absence of evidence in favor of the claim, disability or death from silicosis is presumed not to be due to the nature of any occupation, unless during the 15 years immediately preceding the date of disability the employee was exposed to the inhalation of silica dust over a period of at least 2 years. If the employee has been employed by the same employer during the whole of the 2-year period, the employee's right to compensation against such employer is affected by the fact that the employee had been employed during any part of the 2-year period outside of the State.   [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 2: OCCUPATIONAL DISEASE LAW › Chapter 15: OCCUPATIONAL DISEASE LAW › 39-A §615. Disability due to radioactive properties

§615. Disability due to radioactive properties
Notwithstanding section 606 or any other provision of this chapter, the employee need not be exposed to radioactive substances for a period of 60 days or more, and the time for filing claims does not begin to run in cases of incapacity due to exposure to radioactive substances until the later of the time after incapacity or the time the person claiming benefits knew, or by exercise of reasonable diligence should have known of the causal relationship between the employment and the employee's 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).
2023 Maine Revised Statutes › TITLE 39-A: WORKERS' COMPENSATION › Part 3: EMPLOYER'S LIABILITY › Chapter 19: EMPLOYER'S LIABILITY › 39-A §901. Definition of employer's liability; rights of employee

§901. Definition of employer's liability; rights of employee
An employer is liable under this Part if personal injury is caused to an employee, who, at the time of the injury, is in the exercise of due care, by reason of:   [PL 1991, c. 885, Pt. A, §8 (NEW); PL 1991, c. 885, Pt. A, §§9-11 (AFF).]
1.  Defects in ways, works or machinery.
A defect in the condition of the ways, works or machinery connected with or used in the business of the employer, which arose from, or had not been discovered or remedied in consequence of, the negligence of the employer or of a person in the employer's service who had been entrusted by the employer with the duty of seeing that the ways, works or machinery were in proper condition;
[PL 1991, c. 885, Pt. A, §8 (NEW); PL 1991, c. 885, Pt. A, §§9-11 (AFF).]
2.  Negligence of employee in superintending capacity.
The negligence of a person in the service of the employer who was entrusted with and was exercising superintendence and whose sole or principal duty was that of superintendence or, in the absence of a superintendent, of a person acting as superintendent with the authority or consent of the employer; or
[PL 1991, c. 885, Pt. A, §8 (NEW); PL 1991, c. 885, Pt. A, §§9-11 (AFF).]
3.  Negligence of employee in charge of railroad equipment.
The negligence of a person in the service of the employer who was in charge or control of a signal, switch, locomotive engine or train on a railroad.
[PL 1991, c. 885, Pt. A, §8 (NEW); PL 1991, c. 885, Pt. A, §§9-11 (AFF).]
The employee or the employer's legal representatives, subject to sections 902 to 909, have the same rights to compensation and of action against the employer as if the employee had not been an employee, nor in the service, nor engaged in the work of the employer.   [PL 1991, c. 885, Pt. A, §8 (NEW); PL 1991, c. 885, Pt. A, §§9-11 (AFF).]
A car that is in use by, or that is in possession of, a railroad corporation is deemed a part of the ways, works or machinery of the corporation that uses it or has it in possession, within the meaning of subsection 1, whether it is owned by the railroad corporation or by some other company or person. One or more cars in motion, whether attached to an engine or not, constitute a train within the meaning of subsection 3, and whoever, as a part of the person's duty for the time being, physically controls or directs the movements of a signal, switch, locomotive engine or train is deemed to be a person in charge or control of a signal, switch, locomotive engine or train within the meaning of said subsection.   [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 3: EMPLOYER'S LIABILITY › Chapter 19: EMPLOYER'S LIABILITY › 39-A §902. Actions for damages for death in addition to those for injury

§902. Actions for damages for death in addition to those for injury
If the injury described in section 901 results in the death of the employee, and the death is not instantaneous or is preceded by conscious suffering, and if there is any person who would have been entitled to bring an action under section 903, the legal representatives of the employee may, in the action brought under section 901, recover damages for the death in addition to those for the injury.   [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 3: EMPLOYER'S LIABILITY › Chapter 19: EMPLOYER'S LIABILITY › 39-A §903. Surviving spouse or next of kin; actions by

§903. Surviving spouse or next of kin; actions by
If, as the result of the negligence of an employer, or of a person for whose negligence an employer is liable under section 901, an employee is instantly killed or dies without conscious suffering, the surviving spouse or, if the employee leaves no surviving spouse, the next of kin, who, at the time of the employee's death, were dependent upon the wages of the employee for support, have a right of action for damages against the employer.   [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 3: EMPLOYER'S LIABILITY › Chapter 19: EMPLOYER'S LIABILITY › 39-A §904. Measure of damages in event of death

§904. Measure of damages in event of death
If, under either section 902 or 903, damages are awarded for the death, they must be assessed with reference to the degree of culpability of the employer or of the person for whose negligence the employer is liable.   [PL 1991, c. 885, Pt. A, §8 (NEW); PL 1991, c. 885, Pt. A, §§9-11 (AFF).]
The amount of damages that may be awarded in an action under section 901 for a personal injury to an employee, in which no damages for the death of the employee are awarded under section 902, may not exceed $4,000.   [PL 1991, c. 885, Pt. A, §8 (NEW); PL 1991, c. 885, Pt. A, §§9-11 (AFF).]
The amount of damages that may be awarded in an action under section 901, if damages for the death of the employee are awarded under section 902, may not exceed $5,000 for both the injury and the death, and must be apportioned by the jury between the legal representatives of the employee and the persons who would have been entitled, under section 903, to bring an action for the death of the employee if it had been instantaneous or without conscious suffering.   [PL 1991, c. 885, Pt. A, §8 (NEW); PL 1991, c. 885, Pt. A, §§9-11 (AFF).]
The amount of damages that may be awarded in an action brought under section 903 may not be less than $500 or more than $5,000.   [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 3: EMPLOYER'S LIABILITY › Chapter 19: EMPLOYER'S LIABILITY › 39-A §905. Notice of injury; requisites; sufficiency; limitation of actions

§905. Notice of injury; requisites; sufficiency; limitation of actions
An action for the recovery of damages for injury or death under sections 901 to 904 may not be maintained unless notice of the time, place and cause of the injury is given to the employer within 60 days and the action is commenced within one year after the accident that causes the injury or death. The notice must be in writing, signed by the person injured or by a person in behalf of the person. If it is impossible from physical or mental incapacity for the person injured to give the notice within the time provided in this section, the person may give it within 10 days after the incapacity has been removed, and if the person dies without having given the notice and without having been for 10 days at any time after the injury of sufficient capacity to give it, the person's executor or administrator may give such notice within 60 days after appointment. A notice given under this section is not invalid or insufficient solely by reason of an inaccuracy in stating the time, place or cause of the injury, if it is shown that there was no intention to mislead and that the employer was not in fact misled by the inaccuracy.   [PL 1991, c. 885, Pt. A, §8 (NEW); PL 1991, c. 885, Pt. A, §§9-11 (AFF).]
If a notice given under this section is claimed by the employer to be insufficient for any reason, the employer shall notify in writing the person giving it within 10 days, stating the insufficiency claimed to exist, and the person whose duty it is to give the notice may, within 30 days, give a new notice with the same effect as if originally given.   [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 3: EMPLOYER'S LIABILITY › Chapter 19: EMPLOYER'S LIABILITY › 39-A §906. Liability not barred by contracts with independent contractors

§906. Liability not barred by contracts with independent contractors
If an employer enters into a contract, written or verbal, with an independent contractor to do part of the employer's work, or if an independent contractor enters into a contract with a subcontractor to do all or any part of the work comprised in the contractor's contract with the employer, the contract or subcontract does not bar the liability of the employer for injuries to the employees of the contractor or subcontractor, caused by any defect in the condition of the ways, works, machinery or plant, if they are the property of the employer or are furnished by the employer and if the defect arose, or had not been discovered or remedied, through the negligence of the employer or of some person entrusted by the employer with the duty of seeing that they were in proper condition.   [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 3: EMPLOYER'S LIABILITY › Chapter 19: EMPLOYER'S LIABILITY › 39-A §907. Employee's knowledge of defect or negligence

§907. Employee's knowledge of defect or negligence
An employee or the employee's legal representatives are not entitled under sections 901 to 904 to any right of action for damages against the employer if the employee knew of the defect or negligence that caused the injury and failed within a reasonable time to give, or cause to be given, information about the defect to the employer or to some person superior to the employee in the service of the employer who was entrusted with general superintendence.   [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 3: EMPLOYER'S LIABILITY › Chapter 19: EMPLOYER'S LIABILITY › 39-A §908. Scope of sections 901 to 907; effect of judgment or settlement

§908. Scope of sections 901 to 907; effect of judgment or settlement
Sections 901 to 907 do not apply to injuries caused to domestic servants or farm laborers by fellow employees or to those engaged in cutting, hauling or driving logs. Nothing in sections 901 to 907 may be construed to abridge any common-law rights or remedies which the employee may have against the employer, but a judgment recovered under sections 901 to 907 or a settlement of any action commenced or claim made for death or injury under the provisions of those sections is a bar to any claim made or action begun to recover for the same injury or the same death, under the common law or under any other statute.   [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 3: EMPLOYER'S LIABILITY › Chapter 19: EMPLOYER'S LIABILITY › 39-A §909. Contracts for exemption

§909. Contracts for exemption
A person may not, by a special contract with the employer's employees, exempt the employer or another person from liability under which the employer may be to them for injuries suffered by them in the employment of the employer and resulting from the negligence of the employer or the other person, or of a person in the employ of the employer.   [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 Maryland Statutes › Agriculture › Title 1 - Definitions; General Provisions › Subtitle 1 - Definitions › Section 1-101 - Definitions

(a)    In this article the following words have the meanings indicated.
(b)    “Any state” means any state, possession or territory of the United States, the District of Columbia, or the Commonwealth of Puerto Rico.
(c)    “County” means every county of the State and Baltimore City, unless otherwise indicated.
(d)    “Department” means the State Department of Agriculture.
(e)    “Intrastate commerce” means commerce wholly within the State.
(f)    “Livestock” means living or dead cattle, equines, goats, sheep, or swine, unless otherwise provided.
(g)    “Person” includes the State, any county, municipal corporation or other political subdivision of the State, or any of their units, or an individual, receiver, trustee, guardian, executor, administrator, fiduciary, or representative of any kind, or any partnership, firm, association, public or private corporation, or any other entity, unless otherwise provided.
(h)    “Poultry” means any living or dead domesticated bird.
(i)    “Secretary” means Secretary of Agriculture or his designee.
2023 Maryland Statutes › Agriculture › Title 1 - Definitions; General Provisions › Subtitle 1A - Agricultural Mediation Program › Section 1-1A-01 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Agricultural mediation” means a voluntary process in which a mediator helps private parties or government agencies resolve agriculturally related disputes in a confidential and nonadversarial setting.
(c)    “Mediator” means an impartial person who is trained to help people find mutually acceptable solutions to shared problems and has no power to impose a solution.
2023 Maryland Statutes › Agriculture › Title 1 - Definitions; General Provisions › Subtitle 1A - Agricultural Mediation Program › Section 1-1A-02 - Establishment; Purpose

(a)    The Secretary may establish a federally certified State agricultural mediation program in the Department.
(b)    The purpose of the program is to provide eligible persons and government agencies with a voluntary and low–cost process to settle agriculturally related disputes.
2023 Maryland Statutes › Agriculture › Title 1 - Definitions; General Provisions › Subtitle 1A - Agricultural Mediation Program › Section 1-1A-03 - Powers of Secretary

(a)    The Secretary may:
(1)    Establish qualifications for a person requesting agricultural mediation services from the Department;
(2)    Establish qualifications for an individual applying to serve as a mediator in the State agricultural mediation program;
(3)    Contract with any qualified individual to provide mediation services for qualified mediation applicants; and
(4)    Receive grants for purposes of defraying the costs of the State agricultural mediation program.
(b)    The Secretary may adopt regulations to:
(1)    Meet the requirements of the United States Department of Agriculture for establishing a federally certified State agricultural mediation program; and
(2)    Implement the provisions of this subtitle.
2023 Maryland Statutes › Agriculture › Title 1 - Definitions; General Provisions › Subtitle 2 - General Provisions › Section 1-201 - Certificate of Compliance With Workers' Compensation Act Prior to Issuance of License or Permit

Before a license or permit may be issued under this article to an employer to engage in an activity in which the employer may employ a covered employee, as defined in § 9-101 of the Labor and Employment Article, the employer shall file with the issuing authority:
(1)    A certificate of compliance with the Maryland Workers’ Compensation Act; or
(2)    The number of a workers’ compensation insurance policy or binder.
2023 Maryland Statutes › Agriculture › Title 1 - Definitions; General Provisions › Subtitle 3 - Consignment of Farm Products › Section 1-301 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Carrier” includes a transportation agent.
(c)    (1)    “Consignee” means a person selling farm products on commission.
(2)    “Consignee” includes an agent, factor, and commission merchant.
2023 Maryland Statutes › Agriculture › Title 1 - Definitions; General Provisions › Subtitle 3 - Consignment of Farm Products › Section 1-302 - Container Deposit

(a)    A consignee of a farm product of a person in the State shall require the purchaser of the farm product to deposit with the consignee at the time of sale the full market value, as determined by the consignee, of each container used to hold and transport the farm product.
(b)    If the purchaser returns the container to the consignee within 5 days in the same condition as the purchaser originally received it, the consignee shall refund the deposit to the purchaser.
(c)    If the purchaser fails to return the container to the consignee within 5 days, the purchaser forfeits the right to the return of the deposit and the consignee shall pay the deposit to the owner of the container at the next settlement of accounts.
2023 Maryland Statutes › Agriculture › Title 1 - Definitions; General Provisions › Subtitle 3 - Consignment of Farm Products › Section 1-303 - Returned Container

(a)    If the purchaser returns the container to the consignee:
(1)    The consignee shall deliver the container within 48 hours to the carrier that delivered the container to the place of sale; and
(2)    The consignee shall obtain a receipt for the container from the carrier.
(b)    After the consignee delivers the container to the carrier:
(1)    The consignee shall have no further responsibility for the container; and
(2)    The carrier shall be responsible to the owner for the full value of the container until it has been returned to the point at which it was received from the owner.
2023 Maryland Statutes › Agriculture › Title 1 - Definitions; General Provisions › Subtitle 3 - Consignment of Farm Products › Section 1-304 - Penalty for Violation of Consignee's Duties

(a)    A consignee who fails to comply with § 1-302(a) or § 1-303(a) of this subtitle shall pay to the owner the full market value of the container with and in addition to the price of the farm product in the container.
(b)    A consignee who violates subsection (a) of this section is guilty of a misdemeanor and on conviction is subject to a fine of $5 for each violation and court costs.
2023 Maryland Statutes › Agriculture › Title 1 - Definitions; General Provisions › Subtitle 3 - Consignment of Farm Products › Section 1-305 - Sale of Consigned Goods -- Failure to Account

(a)    After a sale of a farm product consigned for sale by a person in this State to a person engaged in the business of selling goods on consignment, the consignee shall transmit to the consignor within 24 hours after the sale a full account of the sale, including:
(1)    The amount and price of the goods sold; and
(2)    The name and address of the purchaser, including the house or business number, street, and city.
(b)    A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine of $5 for each violation, and court costs.
2023 Maryland Statutes › Agriculture › Title 2 - Department of Agriculture › Subtitle 1 - Organization, Powers and Authority of Department -- in General › Section 2-102 - Secretary of Agriculture; Deputy Secretary; Assistants, Consultants and Employees

(a)    The head of the Department is the Secretary of Agriculture, who shall be appointed by the Governor, with the advice and consent of the Senate.
(b)    The Secretary shall receive the salary provided in the State budget. He serves at the pleasure of the Governor and is responsible directly to the Governor. The Secretary shall counsel and advise the Governor on all matters assigned to the Department of Agriculture and is responsible for carrying out the Governor’s policies with respect to these matters. The Secretary shall be responsible for the operation of the Department and shall establish guidelines and procedures to promote the orderly and efficient administration of the Department.
(c)    The Secretary, with the approval of the Governor, shall appoint a deputy secretary who has the duties provided by law or delegated by the Secretary. The deputy secretary serves at the pleasure of the Secretary and shall receive the salary provided in the State budget.
(d)    (1)    (i)    The Secretary also shall have within the Department assistants, professional consultants, and employees as provided in the State budget.
(ii)    Assistants in charge of areas of responsibility and professional consultants shall be in the executive service, management service, or special appointments in the State Personnel Management System and shall serve at the pleasure of the Secretary.
(iii)    Wherever it is provided by law that the Secretary makes an appointment to a particular office within the Department with the approval of the Governor, the Secretary may not remove the appointee without first obtaining the Governor’s approval.
(2)    Except as otherwise provided by law, the Secretary shall appoint and remove all other personnel in accordance with the provisions of the State Personnel and Pensions Article.
(3)    The Secretary may delegate the authority to appoint and remove personnel of any unit to the administrator of the unit.
(e)    (1)    Notwithstanding the provisions of §§ 5–502 through 5–504 of the General Provisions Article, an individual who owns or operates a farm that is subject to the regulatory authority of the Department may be employed within the Department, if the individual, with respect to the farm activities of the individual’s farm, does not exercise any regulatory or supervisory authority in the individual’s capacity as an employee of the Department.
(2)    The Department, in consultation with the State Ethics Commission, shall adopt regulations to govern conflicts of  interest with respect to employment of individuals who own or  operate a farm under this subsection.
2023 Maryland Statutes › Agriculture › Title 2 - Department of Agriculture › Subtitle 1 - Organization, Powers and Authority of Department -- in General › Section 2-103 - General Powers and Duties of Secretary

(a)    The Secretary is responsible for the budget of his office and for the budgets of positions and units within the Department.
(b)    The Secretary may adopt rules and regulations to carry out the provisions of this article. He is responsible for adopting and reviewing rules and regulations for the Department.
(c)    The Secretary may create any advisory unit of any size he deems appropriate. At least one member of the Maryland Agricultural Commission shall be included on each advisory unit.
(d)    The office of Secretary shall have a seal to authenticate copies of records or papers of the Department.
(e)    The Secretary is responsible for coordination and direction of comprehensive planning facilities initiated by his office. In addition, he shall keep himself fully appraised of plans, proposals, and projects of each position and unit within the Department, and may approve, disapprove, or modify any of them.
(f)    In addition to the meetings of any unit within the Department provided for by law or called by the chairman of the unit, the Secretary may call a meeting of any unit for the consideration of any subject which he considers necessary and proper, whenever he deems it appropriate.
(g)    Every position or unit within the Department shall report to the Secretary as provided in written directives adopted by the Secretary.
(h)    The Secretary may exercise or perform any power, duty, responsibility, or function which any position or unit within the Department may exercise or perform, except those vested by law in the Maryland Agricultural Commission. The Secretary has general supervision, direction, and control of the provisions of this article and generally of all matters in any way affecting or relating to the fostering, protection, and development of the agricultural interests of the State.
2023 Maryland Statutes › Agriculture › Title 2 - Department of Agriculture › Subtitle 1 - Organization, Powers and Authority of Department -- in General › Section 2-104 - Secretary to Enforce Article; Assistance of Law Enforcement Officers; Interference With Secretary Prohibited

(a)    The Secretary shall carry out and enforce the provisions of this article.
(b)    The Secretary may call upon any sheriff, deputy sheriff, and any law enforcement officer of any county, for information and assistance to carry out and enforce the provisions of this article and the departmental rules and regulations. Every officer shall obey and observe every order and instruction he receives from the Secretary concerning the enforcement of any provision of this article and the departmental rules and regulations within his respective jurisdiction. Each officer shall be paid as for the performance of similar duties under existing laws.
(c)    No person may unlawfully assault, resist, oppose, impede, intimidate, interfere, otherwise unlawfully prevent, or attempt to prevent the Secretary in the performance of his duties under this subtitle.
2023 Maryland Statutes › Agriculture › Title 2 - Department of Agriculture › Subtitle 1 - Organization, Powers and Authority of Department -- in General › Section 2-105 - Counsel to Department

The Attorney General is the legal advisor and counsel to the Department. He shall assign to the Department the number of assistant attorneys general authorized by law and necessary to render effective legal advice and counsel. The Attorney General shall designate an assistant attorney general as counsel to the Department. The counsel to the Department shall have no duty other than to render legal advice and counsel as required by the Secretary and other officials of the Department, and to supervise other assistant attorneys general assigned to the Department. The counsel shall perform these duties subject to the control and supervision of the Attorney General. When the Attorney General has designated the counsel to the Department, he may not reassign him without consulting the Secretary. The counsel and other assistant attorneys general shall receive the salary provided in the State budget.
2023 Maryland Statutes › Agriculture › Title 2 - Department of Agriculture › Subtitle 1 - Organization, Powers and Authority of Department -- in General › Section 2-106 - Positions and Units Within Department

(a)    The following positions and units are included within the Department:
(1)    The Maryland Agricultural Fair Board;
(2)    The Chief of Weights and Measures;
(3)    The State Chemist;
(4)    The State Veterinarian;
(5)    The State Board of Veterinary Medical Examiners;
(6)    The State Soil Conservation Committee;
(7)    The Maryland Agricultural Commission;
(8)    The Maryland Horse Industry Board;
(9)    The Maryland Winery and Grape Growers’ Advisory Board; and
(10)    The Seafood Marketing Advisory Commission.
(b)    The Secretary shall appoint the State Chemist, State Veterinarian, and Chief of Weights and Measures.
(c)    The Department also includes any other position or unit which is declared within the Department pursuant to law.
2023 Maryland Statutes › Agriculture › Title 2 - Department of Agriculture › Subtitle 1 - Organization, Powers and Authority of Department -- in General › Section 2-107 - Continuation and Change of Rules, Forms, Orders, etc., of Abolished Units; References to Abolished Units; Duties and Powers Transferred to Secretary

Every rule, regulation, form, order, and directive adopted by or in effect for any position or unit assigned to the Department, or for any abolished position or unit whose functions have been transferred to the Department remains in effect until changed by the Secretary or any other official authorized to change them. Every reference in this Code, any other State law, ordinance, resolution, rule, regulation, order, directive, legal action, contract, or any other document of or to any unit which is abolished and whose function has been transferred to the Department, means the Department. The duties, powers, and responsibilities of the position or unit become the duties, powers, and responsibilities of the Secretary.
2023 Maryland Statutes › Agriculture › Title 2 - Department of Agriculture › Subtitle 2 - Maryland Agricultural Commission › Section 2-204 - Officers; Meetings; Executive Secretary; Compensation

(a)    The Commission may elect from among its appointed members a chairman, vice-chairman, secretary, and other officers it deems appropriate. The officers have the duties and responsibilities usually incumbent upon these officers.
(b)    The Commission shall meet every month, unless by majority vote it decides otherwise. The Commission also shall meet when called by the Secretary.
(c)    The Commission shall employ a full-time executive secretary whose minimum duties shall be to carry out the work of the Commission, and to assist the Secretary in the promotion of the agricultural industry. He shall maintain an office in the City of Annapolis. The Commission, with the approval of the Secretary, shall determine the salary of the executive secretary.
(d)    All salaries and expenses for rent, stenographic and clerical help, stationery, postage, and miscellaneous office materials necessary for the work of the Commission and executive secretary shall be provided in the State budget. The members of the Commission may not receive a salary, but shall be reimbursed for reasonable expenses incurred in attending meetings and other business of the Commission.