reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 39: WORKERS' COMPENSATION › Chapter 5: OCCUPATIONAL DISEASES (REPEALED) › 39 §194-B. Special provisions for asbestos-related diseases (REPEALED)

§194-B. Special provisions for asbestos-related diseases
(REPEALED)
SECTION HISTORY
PL 1983, c. 428, §2 (NEW). PL 1985, c. 372, §A48 (AMD). PL 1987, c. 560, §10 (AMD). PL 1991, c. 885, §A7 (RP). PL 1991, c. 885, §§A9-11 (AFF).
2023 Maine Revised Statutes › TITLE 39: WORKERS' COMPENSATION › Chapter 5: OCCUPATIONAL DISEASES (REPEALED) › 39 §195. Disability due to radioactive properties (REPEALED)

§195. Disability due to radioactive properties
(REPEALED)
SECTION HISTORY
PL 1967, c. 374, §9 (AMD). PL 1991, c. 885, §A7 (RP). 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 1: GENERAL PROVISIONS › 39-A §101. Short title

§101. Short title
This Part may be known and cited and referred to in proceedings and agreements under this Part as the "Maine Workers' Compensation Act of 1992."   [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 1: GENERAL PROVISIONS › 39-A §103. Common-law defenses lost

§103. Common-law defenses lost
In an action to recover damages for personal injuries sustained by an employee arising out of and in the course of the employee's employment, or for death resulting from such injuries, it is not a defense to an employer, except as hereinafter specified:   [PL 1991, c. 885, Pt. A, §8 (NEW); PL 1991, c. 885, Pt. A, §§9-11 (AFF).]
1.  Employee negligent.
That the employee was negligent;
[PL 1991, c. 885, Pt. A, §8 (NEW); PL 1991, c. 885, Pt. A, §§9-11 (AFF).]
2.  Fellow employee negligent.
That the injury was caused by the negligence of a fellow employee; or
[PL 1991, c. 885, Pt. A, §8 (NEW); PL 1991, c. 885, Pt. A, §§9-11 (AFF).]
3.  Employee assumed risk.
That the employee has assumed the risk of 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 1: MAINE WORKERS' COMPENSATION ACT OF 1992 › Chapter 1: GENERAL PROVISIONS › 39-A §104-A. Liability for sexual harassment, sexual assault or certain intentional torts

§104-A. Liability for sexual harassment, sexual assault or certain intentional torts
1.  Liability for sexual harassment, sexual assault or certain intentional torts.
An employee, supervisor, officer or director of an employer is liable for sexual harassment, sexual assault or an intentional tort related to sexual harassment or sexual assault.
[PL 2023, c. 126, §2 (NEW).]
2.  Employer not liable.
This section may not be construed to impose liability on an employer for sexual harassment, sexual assault or an intentional tort related to sexual harassment or sexual assault committed by an employee, supervisor, officer or director of the employer.
[PL 2023, c. 126, §2 (NEW).]
3.  Actions alleging employment discrimination not prohibited or limited.
This section does not prohibit or limit an action alleging employment discrimination pursuant to the Maine Human Rights Act or Title VII of the federal Civil Rights Act of 1964, Public Law 88-352.
[PL 2023, c. 126, §2 (NEW).]
SECTION HISTORY
PL 2023, c. 126, §2 (NEW).
2023 Maine Revised Statutes › TITLE 39-A: WORKERS' COMPENSATION › Part 1: MAINE WORKERS' COMPENSATION ACT OF 1992 › Chapter 1: GENERAL PROVISIONS › 39-A §105. Independent contractor and construction subcontractor status

§105. Independent contractor and construction subcontractor status
1.  Independent contractor status.
A worker may file with the board, on forms approved by the board, a statement that the worker performs work as an independent contractor.
A. The statement creates a rebuttable presumption, valid for one year from the date the statement is received by the board, that the worker is an independent contractor in any later claim for benefits under this Act.   [PL 2023, c. 205, §1 (AMD).]
B. Nothing in this subsection requires a worker to file a statement with the board.   [PL 2023, c. 205, §1 (AMD).]
1-A.  Construction subcontractor status.
A person, as defined in section 105‑A, subsection 1, paragraph E, may file with the board, on forms approved by the board, a statement that the person performs construction work in a manner that would not make the person an employee of a hiring agent, as defined in section 105‑A, subsection 1, paragraph D.
A. The statement creates a rebuttable presumption, valid for one year from the date the statement is received by the board, that the person is a construction subcontractor in any later claim for benefits under this Act.   [PL 2023, c. 205, §1 (AMD).]
B. Nothing in this subsection requires a person, as defined in section 105‑A, subsection 1, paragraph E, to file a statement with the board.   [PL 2023, c. 205, §1 (AMD).]
[PL 2023, c. 205, §1 (AMD).]
2.  Premium adjustment.
If a statement filed with the board pursuant to this section does not withstand board or judicial scrutiny when raised in a subsequent workers' compensation claim, then, depending on the final outcome of that subsequent proceeding, either the workers' compensation insurance carrier shall return excess premium collected or the employer shall remit premium subsequently due.
[PL 2023, c. 205, §1 (AMD).]
3.  Independent contractor and construction subcontractor information.
The board shall post, on its publicly accessible website, information pertaining to independent contractor and construction subcontractor statements filed pursuant to this section.
[PL 2023, c. 205, §1 (AMD).]
4.  Hearing.
[PL 2023, c. 205, §1 (RP).]
5.  Certificate.
[PL 2023, c. 205, §1 (RP).]
6.  Rulemaking.
The board is authorized to adopt reasonable rules pursuant to the Maine Administrative Procedure Act to implement the intent of this section, which is to afford speedy and equitable determination of construction subcontractor, as defined in section 105‑A, subsection 1, paragraph B, and independent contractor status.
[PL 2023, c. 205, §1 (AMD).]
SECTION HISTORY
PL 1991, c. 885, §A8 (NEW). PL 1991, c. 885, §§A9-11 (AFF). PL 1993, c. 65, §1 (AMD). PL 1993, c. 120, §1 (AMD). PL 1993, c. 120, §6 (AFF). PL 2009, c. 569, §1 (AMD). PL 2013, c. 63, §§4, 5 (AMD). PL 2015, c. 297, §2 (AMD). PL 2023, c. 205, §1 (AMD).
2023 Maine Revised Statutes › TITLE 39-A: WORKERS' COMPENSATION › Part 1: MAINE WORKERS' COMPENSATION ACT OF 1992 › Chapter 1: GENERAL PROVISIONS › 39-A §106. Invalidity of waiver of rights; claims not assignable

§106. Invalidity of waiver of rights; claims not assignable
No agreement by an employee, unless approved by the board or by the Commissioner of Labor, to waive the employee's rights to compensation under this Act is valid. No claims for compensation under this Act are assignable or subject to attachment or liable in any way for debt, except for the enforcement of a current support obligation or support arrears pursuant to Title 19‑A, chapter 65, subchapter II, article 3 or Title 19‑A, chapter 65, subchapter III, or for reimbursement of general assistance pursuant to Title 22, section 4318.   [PL 1995, c. 694, Pt. D, §63 (AMD); PL 1995, c. 694, Pt. E, §2 (AFF).]
SECTION HISTORY
PL 1991, c. 885, §A8 (NEW). PL 1991, c. 885, §§A9-11 (AFF). PL 1995, c. 694, §D63 (AMD). PL 1995, c. 694, §E2 (AFF).
2023 Maine Revised Statutes › TITLE 39-A: WORKERS' COMPENSATION › Part 1: MAINE WORKERS' COMPENSATION ACT OF 1992 › Chapter 1: GENERAL PROVISIONS › 39-A §107. Liability of 3rd persons; election of employee; subrogation

§107. Liability of 3rd persons; election of employee; subrogation
When an injury or death for which compensation or medical benefits are payable under this Act is sustained under circumstances creating in some person other than the employer a legal liability to pay damages, the injured employee may, at the employee's option, either claim the compensation and benefits or obtain damages from or proceed at law against that other person to recover damages.   [PL 1991, c. 885, Pt. A, §8 (NEW); PL 1991, c. 885, Pt. A, §§9-11 (AFF).]
If the injured employee elects to claim compensation and benefits under this Act, any employer having paid the compensation or benefits or having become liable for compensation or benefits under any compensation payment scheme has a lien for the value of compensation paid on any damages subsequently recovered against the 3rd person liable for the injury. If the employee or the employee's beneficiary fails to pursue the remedy against the 3rd party within 30 days after written demand by the employer, the employer is subrogated to the rights of the injured employee and is entitled to enforce liability in its own name or in the name of the injured party, the accounting for the proceeds to be made on the basis provided.   [PL 1991, c. 885, Pt. A, §8 (NEW); PL 1991, c. 885, Pt. A, §§9-11 (AFF).]
If the employee or the employee's beneficiary recovers damages from a 3rd person, the employee shall repay to the employer, out of the recovery against the 3rd person, the benefits paid by the employer under this Act, less the employer's proportionate share of cost of collection, including reasonable attorney's fees.   [PL 1991, c. 885, Pt. A, §8 (NEW); PL 1991, c. 885, Pt. A, §§9-11 (AFF).]
If the employer recovers from a 3rd person damages in excess of the compensation and benefits paid or for which the employer has become liable, then any excess must be paid to the injured employee, less a proportionate share of the expenses and cost of actions or collection, including reasonable attorney's fees. Settlement of any such subrogation claims and the distribution of the proceeds therefrom must have the approval of the court in which the subrogation action is pending or to which it is returnable; or if not in suit, of the board. When the court in which the subrogation action is pending or to which it is returnable is in vacation, the judge of the court, or, if the action is pending in or returnable to the Superior Court, any Justice of the Superior Court has the power to approve the settlement of the action and the distribution of the proceeds therefrom. The beneficiary is entitled to reasonable notice and the opportunity to be present in person or by counsel at the approval proceeding.   [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 1: GENERAL PROVISIONS › 39-A §108. Preference of claims

§108. Preference of claims
A claim for compensation under this Act and any compensation payment scheme are entitled to a preference over the unsecured debts of the employer to the same amount as the wages of labor are preferred by the laws of this State. Nothing in this section may be construed as impairing any lien that the employee may have acquired.   [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 1: GENERAL PROVISIONS › 39-A §109. Compilation of claims information

§109. Compilation of claims information
A person or entity may not compile for the purpose of distribution and sale listings of employee names and information regarding their claims with the board. Any person or entity found by the board to have violated this section is subject to the remedy provision of the Maine Human Rights Act, Title 5, sections 4613 and 4614.   [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 1: GENERAL PROVISIONS › 39-A §110. Collective bargaining

§110. Collective bargaining
1.  Permitted options.
Subject to the limitation of subsection 2, the board shall recognize as valid and binding a provision in a collective bargaining agreement between an employer and a recognized bargaining agent establishing any of the following:
A. Alternative dispute resolution systems that may include, but are not limited to, mediation or binding arbitration or the use of mediation and binding arbitration;   [PL 1991, c. 885, Pt. A, §8 (NEW); PL 1991, c. 885, Pt. A, §§8-11 (AFF).]
B. Preferred provider systems for the delivery of health care services or treatment;   [PL 1991, c. 885, Pt. A, §8 (NEW); PL 1991, c. 885, Pt. A, §§8-11 (AFF).]
C. The use of a designated or limited list of independent medical examiners;   [PL 1991, c. 885, Pt. A, §8 (NEW); PL 1991, c. 885, Pt. A, §§8-11 (AFF).]
D. Light-duty, modified job or return-to-work programs;   [PL 1991, c. 885, Pt. A, §8 (NEW); PL 1991, c. 885, Pt. A, §§8-11 (AFF).]
E. Vocational rehabilitation or retraining programs; or   [PL 1991, c. 885, Pt. A, §8 (NEW); PL 1991, c. 885, Pt. A, §§8-11 (AFF).]
F. A 24-hour coverage program.   [PL 1991, c. 885, Pt. A, §8 (NEW); PL 1991, c. 885, Pt. A, §§8-11 (AFF).]
[PL 1991, c. 885, Pt. A, §8 (NEW); PL 1991, c. 885, Pt. A, §§8-11 (AFF).]
2.  Limitation.
An agreement pursuant to subsection 1 may not diminish an employee's entitlement to benefits guaranteed by this Act. Any agreement in violation of this subsection is null and void.
[PL 1991, c. 885, Pt. A, §8 (NEW); PL 1991, c. 885, Pt. A, §§8-11 (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 1: GENERAL PROVISIONS › 39-A §111. Alternative programs

§111. Alternative programs
After consultation with the Superintendent of Insurance, the board may approve an agreement entered into between an employer and some or all of the employer's employees to secure the payment of compensation and benefits through an alternative program that is different from but not less than the compensation and benefits provided by this Act. The alternative program may not be approved by the board unless it provides for compensation and benefits in addition to those required by this Act and unless it is for a fixed period of time.   [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 1: GENERAL PROVISIONS › 39-A §112. Workers' compensation coverage for forest firefighters

§112. Workers' compensation coverage for forest firefighters
Notwithstanding Title 12, section 8901, subsection 2 and Title 12, sections 8902, 8905, 9201, 9202, 9204 and 9205, workers' compensation coverage is provided to forest fire wardens and laborers hired by municipalities for forest fire-fighting activities as follows.   [PL 1993, c. 439, §1 (NEW).]
1.  Municipal responsibility.
The municipality is responsible for workers' compensation costs for injuries that occur while the municipality is in actual control of forest fire-fighting activities.
[PL 1993, c. 439, §1 (NEW).]
2.  State responsibility.
The State is responsible for workers' compensation costs for injuries that occur while the State is in actual control of forest fire-fighting activities.
[PL 1993, c. 439, §1 (NEW).]
For purposes of this section, "actual control" means on-site supervisory responsibility for the entire command structure directing forest fire-fighting activities at the fire scene. A municipality is assumed to be in actual control until the State accepts or takes actual control.   [PL 1993, c. 439, §1 (NEW).]
SECTION HISTORY
PL 1993, c. 439, §1 (NEW).
2023 Maine Revised Statutes › TITLE 39-A: WORKERS' COMPENSATION › Part 1: MAINE WORKERS' COMPENSATION ACT OF 1992 › Chapter 1: GENERAL PROVISIONS › 39-A §113. Exemption for nonresident employees; reciprocity

§113. Exemption for nonresident employees; reciprocity
1.  Exemption.
An employee who is employed in another state and that employee's employer are exempt from this Act with respect to that employee while the employee is temporarily in this State doing work for that employer if:
A. The employee is not a resident of this State and was not hired in this State;   [PL 1995, c. 70, §1 (NEW).]
B. The employer does not have a permanent place of business in the State;   [PL 1995, c. 70, §1 (NEW).]
C. The employee's presence in this State for purposes of conducting employment activities does not exceed any of the following periods:
(1) Five consecutive days;
(2) Ten days in any 30-day period; or
(3) Thirty days in any 360-day period;   [PL 1995, c. 70, §1 (NEW).]
D. The employer and employee are covered by the provisions of the workers' compensation laws or similar laws of the other state and that law applies to them while they are working in this State;   [PL 1995, c. 70, §1 (NEW).]
E. The employer has furnished workers' compensation insurance coverage under the workers' compensation laws or similar laws of the other state so as to cover the employee's employment while in this State;   [PL 1995, c. 70, §1 (NEW).]
F. The extraterritorial provisions of this Act covering employees in this State temporarily working in the other state are recognized in the other state; and   [PL 1995, c. 70, §1 (NEW).]
G. Employers and employees covered in this State are exempt from the application of the workers' compensation laws or similar laws of the other state under legislation comparable to this section.   [PL 1995, c. 70, §1 (NEW).]
[PL 1995, c. 70, §1 (NEW).]
2.  Other state's laws prevail.
If the exemption provided in subsection 1 applies, the workers' compensation laws or similar laws of the other state are the exclusive remedy against the employer in that state for any injury, whether resulting in death or not, received by an employee while working for that employer in this State.
[PL 1995, c. 70, §1 (NEW).]
3.  Certificate of compliance.
A certificate from a duly authorized official of the workers' compensation board or similar department or agency of the other state certifying that an employer is insured in that other state and has provided extraterritorial coverage insuring the employer's employees while working within this State is prima facie evidence that the employer carries such compensation insurance.
[PL 1995, c. 70, §1 (NEW).]
4.  Reciprocal agreements.
The board may enter into reciprocal agreements with workers' compensation agencies of other states adopting legislation similar to this section to ensure efficient administration of the Act.
[PL 1995, c. 70, §1 (NEW).]
SECTION HISTORY
PL 1995, c. 70, §1 (NEW).
2023 Maine Revised Statutes › TITLE 39-A: WORKERS' COMPENSATION › Part 1: MAINE WORKERS' COMPENSATION ACT OF 1992 › Chapter 1: GENERAL PROVISIONS › 39-A §114. Independent contractor status for truckers and couriers (REPEALED)

§114. Independent contractor status for truckers and couriers
(REPEALED)
SECTION HISTORY
PL 2011, c. 176, §1 (NEW). PL 2011, c. 643, §10 (RP). PL 2011, c. 643, §14 (AFF).
2023 Maine Revised Statutes › TITLE 39-A: WORKERS' COMPENSATION › Part 1: MAINE WORKERS' COMPENSATION ACT OF 1992 › Chapter 3: WORKERS' COMPENSATION BOARD › 39-A §151-A. Mission statement

§151-A. Mission statement
The board's mission is to serve the employees and employers of the State fairly and expeditiously by ensuring compliance with the workers' compensation laws, ensuring the prompt delivery of benefits legally due, promoting the prevention of disputes, utilizing dispute resolution to reduce litigation and facilitating labor-management cooperation.   [PL 1997, c. 486, §1 (NEW).]
SECTION HISTORY
PL 1997, c. 486, §1 (NEW).
2023 Maine Revised Statutes › TITLE 39-A: WORKERS' COMPENSATION › Part 1: MAINE WORKERS' COMPENSATION ACT OF 1992 › Chapter 5: COMPENSATION AND SERVICES › 39-A §202. Injury or death due to willful intention or intoxication

§202. Injury or death due to willful intention or intoxication
Compensation or other benefits are not allowed for the injury or death of an employee when it is proved that the injury or death was occasioned by the employee's willful intention to bring about the injury or death of the employee or of another, or that the injury or death resulted from the employee's intoxication while on duty. This provision as to intoxication does not apply if the employer knew at the time of the injury that the employee was intoxicated or that the employee was in the habit at that time of becoming intoxicated while on duty.   [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 5: COMPENSATION AND SERVICES › 39-A §203. Incarceration of employee

§203. Incarceration of employee
1.  Compensation while incarcerated.
Compensation for incapacity under section 212 or 213 or under any prior workers' compensation laws may not be paid to any person during any period of incarceration imposed in this State or any other jurisdiction after conviction of a criminal offense, except in relation to compensable injuries suffered during incarceration and while the prisoner is:
A. Employed by a private employer;   [PL 1991, c. 885, Pt. A, §8 (NEW); PL 1991, c. 885, Pt. A, §§9-11 (AFF).]
B. Participating in a work release program;   [PL 1991, c. 885, Pt. A, §8 (NEW); PL 1991, c. 885, Pt. A, §§9-11 (AFF).]
C. [PL 2013, c. 133, §36 (RP).]
D. Employed in a program established under a certification issued by the United States Department of Justice under 18 United States Code, Section 1761;   [PL 2009, c. 529, §5 (AMD).]
E. Employed while in a supervised community confinement program pursuant to Title 34‑A, section 3036‑A;   [PL 2009, c. 529, §5 (AMD).]
F. A prisoner in a county jail under final sentence of 72 hours or less and is assigned to work outside of a county jail; or   [PL 2009, c. 529, §5 (NEW).]
G. Employed while in a community confinement monitoring program pursuant to Title 30‑A, section 1659‑A.   [PL 2009, c. 529, §5 (NEW).]
[PL 2013, c. 133, §36 (AMD).]
2.  Compensation forfeited.
All compensation that is not payable under subsection 1 is forfeited.
[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 1995, c. 293, §1 (AMD). PL 1995, c. 293, §2 (AFF). PL 2009, c. 142, §§18-20 (AMD). PL 2009, c. 529, §5 (AMD). PL 2013, c. 133, §36 (AMD).
2023 Maine Revised Statutes › TITLE 39-A: WORKERS' COMPENSATION › Part 1: MAINE WORKERS' COMPENSATION ACT OF 1992 › Chapter 5: COMPENSATION AND SERVICES › 39-A §204. Waiting period; when compensation payable

§204. Waiting period; when compensation payable
Compensation for incapacity to work is not payable for the first 7 days of incapacity, except that firefighters must receive compensation from the date of incapacity. In case incapacity continues for more than 14 days, compensation is allowed from the date of 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 1: MAINE WORKERS' COMPENSATION ACT OF 1992 › Chapter 5: COMPENSATION AND SERVICES › 39-A §209. Medical fees; reimbursement levels (REPEALED)

§209. Medical fees; reimbursement levels
(REPEALED)
SECTION HISTORY
PL 1991, c. 885, §A8 (NEW). PL 1991, c. 885, §§A9-11 (AFF). PL 2007, c. 240, Pt. JJJ, §5 (AMD). PL 2007, c. 311, §2 (AMD). PL 2011, c. 338, §3 (RP).
2023 Maine Revised Statutes › TITLE 39-A: WORKERS' COMPENSATION › Part 1: MAINE WORKERS' COMPENSATION ACT OF 1992 › Chapter 5: COMPENSATION AND SERVICES › 39-A §211. Maximum benefit levels

§211. Maximum benefit levels
Effective January 1, 1993, the maximum weekly benefit payable under section 212, 213 or 215 is $441 or 90% of state average weekly wage, whichever is higher. Beginning on July 1, 1994, the maximum benefit level is $441 or 90% of the state average weekly wage as adjusted annually utilizing the state average weekly wage as determined by the Department of Labor, whichever is higher. If the injured employee's date of injury is on or after January 1, 2013, the maximum benefit level is $441 or 100% of the state average weekly wage as adjusted annually utilizing the state average weekly wage as determined by the Department of Labor, whichever is higher. If the injured employee's date of injury is on or after January 1, 2020, the maximum benefit level is $441 or 125% of the state average weekly wage as adjusted annually utilizing the state average weekly wage as determined by the Department of Labor, whichever is higher.   [PL 2019, c. 344, §4 (AMD).]
SECTION HISTORY
PL 1991, c. 885, §A8 (NEW). PL 1991, c. 885, §§A9-11 (AFF). PL 1995, c. 560, §G22 (AMD). PL 2011, c. 647, §3 (AMD). PL 2019, c. 344, §4 (AMD).
2023 Maine Revised Statutes › TITLE 39-A: WORKERS' COMPENSATION › Part 1: MAINE WORKERS' COMPENSATION ACT OF 1992 › Chapter 5: COMPENSATION AND SERVICES › 39-A §216. Burial expenses; incidental compensation

§216. Burial expenses; incidental compensation
If the employee dies as a result of the injury, the employer shall pay, in addition to any compensation and medical benefits provided for in this Act, the reasonable expenses of burial, not to exceed $4,000 and an additional payment of $3,000 as incidental compensation. Burial expense reimbursement must be paid to the person who has paid or who is responsible for paying the employee's burial expenses. The incidental compensation must be paid to the employee's estate.   [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 5: COMPENSATION AND SERVICES › 39-A §219. Light-duty work pools

§219. Light-duty work pools
Employers may form light-duty work pools for the purpose of encouraging the return to work of injured 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 5: COMPENSATION AND SERVICES › 39-A §220. Reduction of benefits due to unemployment compensation

§220. Reduction of benefits due to unemployment compensation
1.  Reduction for unemployment benefits.
Compensation paid under this Act, except compensation under section 212, subsection 3 and lump sum settlements, to any employee for any period for which the employee is receiving or has received benefits under the Employment Security Law, Title 26, chapter 13, must be reduced by the amount of the unemployment benefits.
[PL 1991, c. 885, Pt. A, §8 (NEW); PL 1991, c. 885, Pt. A, §§9-11 (AFF).]
2.  Notification.
Before approving or awarding any compensation as limited in subsection 1, the board shall request that the Department of Labor:
A. Inform the board as to whether the claimant has received since the date of injury or is currently receiving unemployment benefits;   [PL 1991, c. 885, Pt. A, §8 (NEW); PL 1991, c. 885, Pt. A, §§9-11 (AFF).]
B. Notify the board in the event that the claimant subsequently applies for and receives unemployment benefits; and   [PL 1991, c. 885, Pt. A, §8 (NEW); PL 1991, c. 885, Pt. A, §§9-11 (AFF).]
C. Notify the board whenever the claimant ceases to receive unemployment benefits.   [PL 1991, c. 885, Pt. A, §8 (NEW); PL 1991, c. 885, Pt. A, §§9-11 (AFF).]
When the Department of Labor so notifies the board, the board shall notify the employer and employee, advise them of both the requirements of this section and the difference the employer must make in the employee's compensation. Upon receipt of this information, the employer shall appropriately decrease the compensation or, if the claimant has ceased to receive unemployment benefits, appropriately increase the compensation.
[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 5: COMPENSATION AND SERVICES › 39-A §222. Provisional payment of certain disability benefits

§222. Provisional payment of certain disability benefits
1.  No delay of benefits.
Payment of benefits due a person under an insured disability plan or insured medical payments plan may not be delayed or refused because that person has filed a workers' compensation claim based on the same personal injury or disease.
[PL 2001, c. 103, §1 (RPR).]
2.  Repayment.
If a person has received benefits, as described in subsection 1, because of a personal injury or disease and has later prevailed on a workers' compensation claim based on the same personal injury or disease, the value of all such benefits may be offset by the employer or respective insurance carriers against the payments of workers' compensation benefits, and, if the benefits are not offset, the person shall repay to the employer or insurer, within 30 days of receiving the initial payment of workers' compensation benefits, the value of all the benefits received under subsection 1.
[PL 2001, c. 103, §2 (AMD).]
3.  Rules.
The Superintendent of Insurance shall adopt rules to implement this section.
A. These rules must impose any requirements on employers or health, disability or workers' compensation insurance carriers that the superintendent finds necessary or desirable to ease the financial burden on injured employees whose workers' compensation claims are controverted and who are awaiting board determinations on their claims.   [PL 1991, c. 885, Pt. A, §8 (NEW); PL 1991, c. 885, Pt. A, §§9-11 (AFF).]
B. The superintendent shall consult with the executive director of the board in formulating and adopting these rules.   [PL 2003, c. 608, §12 (AMD).]
[PL 2003, c. 608, §12 (AMD).]
SECTION HISTORY
PL 1991, c. 885, §A8 (NEW). PL 1991, c. 885, §§A9-11 (AFF). PL 2001, c. 103, §§1,2 (AMD). PL 2003, c. 608, §12 (AMD).
2023 Maine Revised Statutes › TITLE 39-A: WORKERS' COMPENSATION › Part 1: MAINE WORKERS' COMPENSATION ACT OF 1992 › Chapter 5: COMPENSATION AND SERVICES › 39-A §223. Presumption of earnings loss for retirees

§223. Presumption of earnings loss for retirees
1.  Presumption.
An employee who terminates active employment and is receiving nondisability pension or retirement benefits under either a private or governmental pension or retirement program, including old-age benefits under the United States Social Security Act, 42 United States Code, Sections 301 to 1397f, that was paid by or on behalf of an employer from whom weekly benefits under this Act are sought is presumed not to have a loss of earnings or earning capacity as the result of compensable injury or disease under this Act. This presumption may be rebutted only by a preponderance of evidence that the employee is unable, because of a work-related disability, to perform work suitable to the employee's qualifications, including training or experience. This standard of disability supersedes other applicable standards used to determine disability under this Act.
[PL 1991, c. 885, Pt. A, §8 (NEW); PL 1991, c. 885, Pt. A, §§9-11 (AFF).]
2.  Construction.
This section may not be construed as a bar to an employee receiving medical benefits under section 206 upon the establishment of a causal relationship between the employee's work and the need for medical treatment.
[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 5: COMPENSATION AND SERVICES › 39-A §224. Adjustment to partial incapacity benefit payments for injuries prior to November 20, 1987

§224. Adjustment to partial incapacity benefit payments for injuries prior to November 20, 1987
The annual adjustment made pursuant to former Title 39, sections 55 and 55-A must be made as follows. The preinjury average weekly wage must first be adjusted to reflect the annual inflation or deflation factors as computed by the Maine Unemployment Insurance Commission for each year from the date of injury to the date of calculation. Once this weekly benefit amount is calculated, the amount must continue to be adjusted annually so that it continues to bear the same percentage relationship to the average weekly wage in the State as computed by the Maine Unemployment Insurance Commission as it did at the time of the injury. This section clarifies the method of calculating the annual adjustment to benefits under former Title 39, sections 55 and 55-A and applies to all benefit calculations pursuant to those sections.   [PL 2001, c. 390, §1 (NEW); PL 2001, c. 390, §2 (AFF).]
SECTION HISTORY
PL 2001, c. 390, §1 (NEW). PL 2001, c. 390, §2 (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 §301. Notice of injury within 90 days

§301. Notice of injury within 90 days
For claims for which the date of injury is prior to January 1, 2013, proceedings for compensation under this Act, except as provided, may not be maintained unless a notice of the injury is given within 90 days after the date of injury. For claims for which the date of injury is on or after January 1, 2013 and prior to January 1, 2020, proceedings for compensation under this Act, except as provided, may not be maintained unless a notice of the injury is given within 30 days after the date of injury. For claims for which the date of injury is on or after January 1, 2020, proceedings for compensation under this Act, except as provided, may not be maintained unless a notice of the injury is given within 60 days after the date of injury. The notice must include the time, place, cause and nature of the injury, together with the name and address of the injured employee. The notice must be given by the injured employee or by a person in the employee's behalf, or, in the event of the employee's death, by the employee's legal representatives, or by a dependent or by a person in behalf of either.   [PL 2019, c. 344, §13 (AMD).]
The notice must be given to the employer, or to one employer if there are more employers than one; or, if the employer is a corporation, to any official of the corporation; or to any employee designated by the employer as one to whom reports of accidents to employees should be made. It may be given to the general superintendent or to the supervisor in charge of the particular work being done by the employee at the time of the injury. Notice may be given to any doctor, nurse or other emergency medical personnel employed by the employer for the treatment of employee injuries and on duty at the work site. If the employee is self-employed, notice must be given to the insurance carrier or to the insurance carrier's agent or agency with which the employer normally does business.   [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, §16 (AMD). PL 2019, c. 344, §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 §302. Sufficiency of notice; knowledge of employer; extension of time for notice

§302. Sufficiency of notice; knowledge of employer; extension of time for notice
A notice given under section 301 may not be held invalid or insufficient by reason of any inaccuracy in stating any of the facts required for proper notice, unless it is shown that it was the intention to mislead and that the employer was in fact misled by the notice. Want of notice is not a bar to proceedings under this Act if it is shown that the employer or the employer's agent had knowledge of the injury. Any time during which the employee is unable by reason of physical or mental incapacity to give the notice, or fails to do so on account of mistake of fact, may not be included in the computation of proper notice. In case of the death of the employee within that period, there is allowed for giving the notice 3 months after the death.   [PL 2011, c. 647, §17 (AMD).]
SECTION HISTORY
PL 1991, c. 885, §A8 (NEW). PL 1991, c. 885, §§A9-11 (AFF). PL 2011, c. 647, §17 (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 §303. Reports to board

§303. Reports to board
When any employee has reported to an employer under this Act any injury arising out of and in the course of the employee's employment that has caused the employee to lose a day's work, or when the employer has knowledge of any such injury, the employer shall report the injury to the board within 7 days after the employer receives notice or has knowledge of the injury. The employer shall also report the average weekly wages or earnings of the employee, as defined in section 102, subsection 4, together with any other information required by the board, within 30 days after the employer receives notice or has knowledge of a claim for compensation under section 212, 213 or 215, unless a wage statement has previously been filed with the board. The wage statement must report the earnings or wages of the employee on a weekly basis, unless the employee is paid on other than a weekly basis, in which case the employer may report the earnings or wages in the same manner as earnings or wages are paid. A copy of the wage information must be mailed to the employee. The employer shall report when the injured employee resumes the employee's employment and the amount of the employee's wages or earnings at that time. The employer shall complete a first report of injury form for any injury that has required the services of a health care provider within 7 days after the employer receives notice or has knowledge of the injury. The employer shall provide a copy of the form to the injured employee and retain a copy for the employer's records but is not obligated to submit the form to the board unless the injury later causes the employee to lose a day's work. The employer is also required to submit the form to the board if the board has finally adopted a major substantive rule pursuant to Title 5, chapter 375, subchapter 2‑A to require the form to be filed electronically.   [PL 2023, c. 205, §6 (AMD).]
If an employee has had an incapacity beyond the 14-day period established in section 204 and subsequently returns to work and attends medical appointments related to the injury, the employer is not required to report the lost time for such appointments to the board if the employee did not lose wages for attending such appointments.   [PL 2015, c. 297, §9 (NEW).]
SECTION HISTORY
PL 1991, c. 885, §A8 (NEW). PL 1991, c. 885, §§A9-11 (AFF). PL 1999, c. 354, §5 (AMD). PL 2003, c. 471, §1 (AMD). PL 2013, c. 63, §8 (AMD). PL 2015, c. 297, §9 (AMD). PL 2023, c. 205, §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 §304. Board notice

§304. Board notice
1.  Inform employee.
Immediately upon receipt of the employer's report of injury required by section 303, the board shall contact the employee and provide information explaining the compensation system and the employee's rights. The board shall advise the employee how to contact the board for further assistance and shall provide that assistance.
[PL 1991, c. 885, Pt. A, §8 (NEW); PL 1991, c. 885, Pt. A, §§9-11 (AFF).]
2.  Notice to employer.
The board shall notify the employer when a mediation or formal hearing is scheduled, when a notice of settlement is filed and when any other proceeding regarding a claim of an employee of that employer is scheduled.
[PL 1991, c. 885, Pt. A, §8 (NEW); PL 1991, c. 885, Pt. A, §§9-11 (AFF).]
3.  Notice by board.
Within 15 days of receipt of an employer's report of injury, as required by section 303, unless it has received a petition for award of compensation relating to the injured employee, the board shall take reasonable steps to notify the employee that, unless the employer disputes the claim, the employer is required to pay compensation within the time limits established in section 205; that a petition for award may be filed; and that rights under this Act may not be protected unless a petition of award or memorandum of payment is on file with the board within 2 years of 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 1: MAINE WORKERS' COMPENSATION ACT OF 1992 › Chapter 7: PROCEDURES › Subchapter 1: BOARD PROCEEDINGS › 39-A §305. Petition for award; protective decree

§305. Petition for award; protective decree
In the event of a controversy as to the responsibility of an employer for the payment of compensation, any party in interest may file in the office of the board a petition for award of compensation setting forth the names and residences of the parties, the facts relating to the employment at the time of the injury, the knowledge of the employer or notice of the occurrence of the injury, the character and extent of the injury and the claims of the petitioner with reference to the injury, together with such other facts as may be necessary and proper for the determination of the rights of the petitioner.   [PL 1991, c. 885, Pt. A, §8 (NEW); PL 1991, c. 885, Pt. A, §§9-11 (AFF).]
If, following an injury that causes no incapacity for work, the employer and employee reach an agreement that the employee has received a personal injury arising out of and in the course of employment, a memorandum of such an agreement signed by the parties may be filed in the office of the board. The memorandum must set forth the names and residences of the parties, the facts relating to the employment at the time of the injury, the time, place and cause of the injury, and the nature and extent of the injury. Any member of the board is empowered, without the necessity of the filing of a petition for award, to render a protective decree based on that memorandum.   [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 §306. Time for filing petitions

§306. Time for filing petitions
1.  Statute of limitations.
Except as provided in this section, a petition brought under this Act is barred unless filed within 2 years after the date of injury or the date the employee's employer files a required first report of injury if required in section 303, whichever is later.
[PL 2011, c. 647, §18 (AMD).]
2.  Payment of benefits.
If an employer or insurer pays benefits under this Act, with or without prejudice, within the period provided in subsection 1, the period during which an employee or other interested party must file a petition is 6 years from the date of the most recent payment.
A. The provision of medical care for an injury or illness by or under the supervision of a health care provider employed by, or under contract with, the employer is a payment of benefits with respect to that injury or illness if:
(1) Care was provided for that injury or illness on 6 or more occasions in the 12-month period after the initial treatment; and
(2) The employer or the health care provider knew or should have known that the injury or illness was work-related.
For the purposes of this paragraph, "health care provider" has the same meaning as provided in rules of the board.   [PL 2001, c. 435, §1 (NEW); PL 2001, c. 435, §2 (AFF).]
[PL 2001, c. 435, §1 (AMD); PL 2001, c. 435, §2 (AFF).]
3.  Establishment of injury.
If the occurrence of a work-related injury is established by board decree, mediation report or agreement of the parties without the payment of benefits as provided in subsection 2, the period during which an employee or other interested party may file a petition is 6 years from the date of that decree, report or agreement.
[PL 1999, c. 354, §6 (NEW); PL 1999, c. 354, §10 (AFF).]
4.  Physical or mental incapacity.
If an employee is unable to file a petition because of physical or mental incapacity, the period of that incapacity is not included in the limitation period provided in subsection 1.
[PL 1999, c. 354, §6 (NEW); PL 1999, c. 354, §10 (AFF).]
5.  Mistake of fact.
If an employee fails to file a petition within the limitation period provided in subsection 1 because of mistake of fact as to the cause or nature of the injury, the employee may file a petition within a reasonable time, subject to the 6-year limitation provided in subsection 2.
[PL 1999, c. 354, §6 (NEW); PL 1999, c. 354, §10 (AFF).]
6.  Death of employee.
If an employee dies as a result of a work-related injury, a petition is barred unless filed within one year after the death or 2 years from the date of injury, whichever is later, but in any event not later than 6 years from the date of last payment.
[PL 1999, c. 354, §6 (NEW); PL 1999, c. 354, §10 (AFF).]
SECTION HISTORY
PL 1991, c. 885, §A8 (NEW). PL 1991, c. 885, §§A9-11 (AFF). PL 1999, c. 354, §6 (RPR). PL 1999, c. 354, §10 (AFF). PL 2001, c. 435, §1 (AMD). PL 2001, c. 435, §2 (AFF). PL 2011, c. 647, §18 (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 §307. Procedure for filing petitions; no response required; mediation

§307. Procedure for filing petitions; no response required; mediation
1.  Petition.
Any interested party may seek a determination of rights under this Act by filing with the board any petition authorized under this Act.
[PL 1991, c. 885, Pt. A, §8 (NEW); PL 1991, c. 885, Pt. A, §§9-11 (AFF).]
2.  Service upon responding party.
Copies of all petitions filed under this Act must be served by certified mail, return receipt requested, to the other parties named in the petition. In the case of a petition by an employee, a copy of the petition must be served upon the employer, employer's insurer or group self-insurer.
[PL 1991, c. 885, Pt. A, §8 (NEW); PL 1991, c. 885, Pt. A, §§9-11 (AFF).]
3.  No response required.
No response to a petition filed under this section is required.
[PL 1991, c. 885, Pt. A, §8 (NEW); PL 1991, c. 885, Pt. A, §§9-11 (AFF).]
4.  Procedure.
A petition filed under this section must be referred by the board to mediation.
[PL 1991, c. 885, Pt. A, §8 (NEW); PL 1991, c. 885, Pt. A, §§9-11 (AFF).]
5.  Mediation.
Mediation must be held in accordance with section 313, subsections 2 to 5.
[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).