reglab/statecodes huggingface dataset:
Code of Maine Rules › 90 - INDEPENDENT AGENCIES › 351 - WORKERS' COMPENSATION BOARD › Chapter 12 - FORMAL HEARINGS › Section 351-12-13 - Formal Hearings

Current through 2024-29, July 17, 2024
1. The Board shall
				schedule a case for a formal hearing as soon as practicable for the duration
				identified in the Joint Scheduling Memo or otherwise requested. If the parties
				do not indicate a duration, the case will be set for 60 minutes for receipt of
				all testimony and evidence. The Administrative Law Judge, at the judge's
				discretion, may adjust the length of a hearing or strictly enforce the time
				allotted.
2. An Administrative Law
				Judge may allow an additional hearing if necessary. When determining whether to
				schedule an additional hearing, the Administrative Law Judge shall consider
				whether weekly benefits are being paid. If weekly benefits are not being paid,
				the Administrative Law Judge may order payment of benefits without prejudice if
				an additional hearing is ordered.
Code of Maine Rules › 90 - INDEPENDENT AGENCIES › 351 - WORKERS' COMPENSATION BOARD › Chapter 12 - FORMAL HEARINGS › Section 351-12-14 - Position Papers

Current through 2024-29, July 17, 2024
The Administrative Law Judge shall establish a due date for
				  position papers. A request for additional time to file position papers must be
				  made in writing and must indicate whether the opposing party objects to the
				  request. In lieu of position papers, the parties may request oral argument at
				  the close of the final hearing.
Code of Maine Rules › 90 - INDEPENDENT AGENCIES › 351 - WORKERS' COMPENSATION BOARD › Chapter 12 - FORMAL HEARINGS › Section 351-12-15 - Proposed Findings of Fact

Current through 2024-29, July 17, 2024
Proposed findings of fact and conclusions of law shall be
				  filed no later than 15 days after the filing of a motion for additional
				  findings filed pursuant to
				  39-A M.R.S.A.
				  §318. If the moving party fails to
				  timely file proposed findings and conclusions, the Administrative Law Judge may
				  dismiss the motion.
Code of Maine Rules › 90 - INDEPENDENT AGENCIES › 351 - WORKERS' COMPENSATION BOARD › Chapter 12 - FORMAL HEARINGS › Section 351-12-16 - Alternative Procedures or Timeframes

Current through 2024-29, July 17, 2024
Upon notice to the parties and for good cause, an
				  Administrative Law Judge may alter the requirements and timeframes in this
				  chapter. In determining whether there is good cause to order alternative
				  procedures or time frames, the Administrative Law Judge may consider the
				  relative efficiency of alternative procedures, fairness to the parties, and the
				  needs of unrepresented parties.
Code of Maine Rules › 90 - INDEPENDENT AGENCIES › 351 - WORKERS' COMPENSATION BOARD › Chapter 12 - FORMAL HEARINGS › Section 351-12-17 - Sanctions

Current through 2024-29, July 17, 2024
An Administrative Law Judge may impose sanctions on a party
				  who violates these rules, following reasonable opportunity to be heard. The
				  Administrative Law Judge may dismiss pending petitions; grant relief requested
				  in the petitions; exclude evidence; award payment of attorney's fees; or order
				  other temporary relief, including payment or discontinuance of weekly benefits
				  without prejudice until the violating party complies or a final decision is
				  issued.
Code of Maine Rules › 90 - INDEPENDENT AGENCIES › 351 - WORKERS' COMPENSATION BOARD › Chapter 12 - FORMAL HEARINGS › Section 351-12-18 - Lump Sum Settlements; Record of Proceedings

Current through 2024-29, July 17, 2024
1. The Board shall record hearings on
				proposed settlements pursuant to
				39-A M.R.S.A.
				§352 and include those recordings in the
				official record of the case.
2.
A. An Administrative Law Judge may conduct
				hearings and issue decisions on lump sum settlements pursuant to
				39-A M.R.S.A.
				§352.
B. When making findings pursuant to
				39-A M.R.S.A.
				§352(3)(A) relating to
				the release of an employer's liability for future medical expenses, an
				Administrative Law Judge shall determine expected future medical costs related
				to the injury.
Code of Maine Rules › 90 - INDEPENDENT AGENCIES › 351 - WORKERS' COMPENSATION BOARD › Chapter 12 - FORMAL HEARINGS › Section 351-12-19 - Disposition of Evidence

Current through 2024-29, July 17, 2024
1. If a decision of
				an Administrative Law Judge, the Appellate Division, or the Board has not been
				timely appealed, all evidence submitted by the parties and transcripts of
				proceedings in the matter may be destroyed by the Board after 60 days from the
				expiration of the time for appeal set forth in
				39-A M.R.S.A.
				§321-B or §
									322.
				Prior to that time, parties may file a written request for return of evidence
				or transcripts and either enclose a postage pre-paid envelope or schedule a
				time to pick up the file materials. Evidence and transcripts in cases that are
				appealed to the Law Court may be destroyed no earlier than 60 days after the
				Law Court denies appellate review or issues an opinion. This rule must be
				executed in accordance with
				5 M.R.S.A.
				§95(9).
2. The Board shall clearly note the
				anticipated time of file destruction on all decrees, findings of fact and
				conclusions of law, and Appellate Division decisions issued after the effective
				date of this rule.
3. The Board
				shall preserve audio tapes and electronic recordings of hearings for 6 years
				from the date on which the testimony was presented, except that the Board shall
				preserve audio tapes and electronic recordings of lump sum settlement
				conferences for 10 years from the date the lump sum settlement was
				approved.
Code of Maine Rules › 90 - INDEPENDENT AGENCIES › 351 - WORKERS' COMPENSATION BOARD › Chapter 12 - FORMAL HEARINGS › Section 351-12-20 - Title of "Administrative Law Judge"

Current through 2024-29, July 17, 2024
Pursuant to PL 2015 c. 297, the title of "Hearing Officer"
				  was changed to "Administrative Law Judge. "The Board's amendments to its rules
				  concerning these titles are intended to adopt this change.
Code of Maine Rules › 90 - INDEPENDENT AGENCIES › 351 - WORKERS' COMPENSATION BOARD › Chapter 12 - FORMAL HEARINGS › Appendix 351-12-I - Joint Scheduling Memorandum

Current through 2024-29, July 17, 2024
__________________________
Administrative Law Judge
STATE OF MAINE WORKERS' COMPENSATION
				  BOARD
_______________________________
				  __________________________
DOI
v.
__________________________
WCB#
_______________________________
JOINT SCHEDULING MEMORANDUM
1. Name of each witness to be called to testify and the
				  amount of time required for each witness' testimony:
Employee: Employer:
2. Total amount of time required for hearing:
				  _____________.
3. Relief requested, including nature and period of
				  incapacity:
4. Issues, including affirmative defenses:
5. Section 312 examination requested?: Yes No
				  When:___________ With whom:________________________
6. Section 207 examination requested?: Yes No
				  When:___________ With whom:________________________
I represent that I have conferred with opposing parties or
				  their representatives in preparation of this Joint Scheduling Memo and they
				  agree with the contents except as follows:
I affirm that the parties have exchanged information as
				  provided in this chapter.
Dated: ________________________________
Petitioner or Petitioner's Representative
Code of Maine Rules › 90 - INDEPENDENT AGENCIES › 351 - WORKERS' COMPENSATION BOARD › Chapter 13 - RULES OF APPELLATE DIVISION › Section 351-13-1 - Scope of Rules

Current through 2024-29, July 17, 2024
This chapter governs the procedure of the Maine Workers'
				  Compensation Board Appellate Division ("the division"). It is promulgated
				  pursuant to
				  39-A M.R.S.A.
				  §321-A(3) and must be
				  construed to secure the prompt and inexpensive review of board
				  decisions.
Code of Maine Rules › 90 - INDEPENDENT AGENCIES › 351 - WORKERS' COMPENSATION BOARD › Chapter 13 - RULES OF APPELLATE DIVISION › Section 351-13-1-A - Submissions to Appellate Division

Current through 2024-29, July 17, 2024
Submissions to the Appellate Division are filed when received
				  at the Appellate Division or at any of the Board's regional offices. A party
				  filing a submission at a regional office is responsible for the cost of
				  transferring the submission to the division.
Code of Maine Rules › 90 - INDEPENDENT AGENCIES › 351 - WORKERS' COMPENSATION BOARD › Chapter 13 - RULES OF APPELLATE DIVISION › Section 351-13-2 - Composition of Appellate Panels; Sessions

Current through 2024-29, July 17, 2024
1.
Composition of Panels
A.
				Pursuant to
				39-A M.R.S.A.
				§321-A, the Executive Director of the
				Workers' Compensation Board or, upon designation by the Executive Director, the
				clerk of the division, shall appoint a panel of at least three full-time
				Administrative Law Judges from those then serving as Administrative Law Judges
				of the Workers' Compensation Board. An Administrative Law Judge may not be a
				member of a panel that reviews that Administrative Law Judge's decision. An
				Administrative Law Judge may be a member of more than one panel at the
				Executive Director's discretion.
B.
				The Executive Director or, upon designation by the Executive Director, the
				clerk of the division, shall select a presiding judge for each panel.
C. The Executive Director may expand the
				panel if the Executive Director determines that the issue(s) presented on
				appeal warrant consideration by more than three Administrative Law Judges or by
				the division
en banc
.
Code of Maine Rules › 90 - INDEPENDENT AGENCIES › 351 - WORKERS' COMPENSATION BOARD › Chapter 13 - RULES OF APPELLATE DIVISION › Section 351-13-3 - Appeal to the Appellate Division

Current through 2024-29, July 17, 2024
1.
Time for
				Filing
A party shall file a Notice of Intent to Appeal (WCB-240) an
				  Administrative Law Judge's decision with the clerk of the division within 20
				  days after the latest of:
A. Receipt
				of notice of the Administrative Law Judge decision;
B. If an Administrative Law Judge amends a
				decision and that amendment materially affects the issue(s) on appeal, receipt
				of notice of an amended Administrative Law Judge decision; or
C. If a motion for findings of fact and
				conclusions of law has been filed pursuant to
				39-A M.R.S.A.
				§318, receipt of notice of the
				Administrative Law Judge's ruling on the motion.
If, after a party files a Notice of Intent to Appeal under
				  this section, a different party seeks review of a different issue than the
				  issue(s) identified for appeal in the first notice, that party may file a
				  Notice of Intent to Appeal within the 20-day period provided in paragraphs A-C,
				  or within 14 days after the date the first notice was filed, whichever is
				  later.
If both a Notice of Intent to Appeal and a motion for
				  findings of fact and conclusions of law are filed within 20 days after receipt
				  of notice of a decision by an Administrative Law Judge pursuant to
				  39-A M.R.S.A.
				  §318, the division shall stay action on
				  the Notice of Intent to Appeal until the Administrative Law Judge rules on the
				  motion. The appellant shall notify the division no later than 10 days after
				  receipt of notice of the ruling on the motion whether the appellant will pursue
				  the appeal.
For purposes of this chapter, "decision" means a final
				  decision issued by an Administrative Law Judge that fully disposes of the
				  matters pending before the Administrative Law Judge. "Decision" does not
				  include interlocutory or non-final decisions including, but not limited to,
				  provisional orders.
Code of Maine Rules › 90 - INDEPENDENT AGENCIES › 351 - WORKERS' COMPENSATION BOARD › Chapter 13 - RULES OF APPELLATE DIVISION › Section 351-13-4 - The Record on Appeal

Current through 2024-29, July 17, 2024
1.
Preparation
The appellant shall prepare the record on appeal. Upon filing
				  the Notice of Intent to Appeal, the appellant shall request the appropriate
				  regional office to order necessary transcripts for the appeal. The appellant
				  shall pay the cost of producing the record, including the transcript(s). Within
				  45 days after the filing date of the Notice of Intent to Appeal, the appellant
				  shall deliver one copy of the record to the clerk of the division and one copy
				  of the record to each party involved in the appeal. The clerk may grant an
				  extension of time if there is a delay in the preparation of the
				  transcript.
1-A.
Waiver of
				Payment of Costs
An appellant seeking to appeal to the division may file an
				  application for leave to proceed without payment of costs. The application
				  should be filed within ten days of the Notice of Intent to Appeal, and in no
				  event later than the date the record is due.
The application shall be accompanied by an affidavit of the
				  appellant stating (i) the person's monthly income and necessary monthly
				  expenses; (ii) whether the person is receiving public assistance income and, if
				  so, identifying the government program and the nature and the duration of the
				  assistance; (iii) that the appeal is filed in good faith; and (iv) the
				  appellant agrees to repay the Board for any costs that have been waived or
				  paid, if at any time during the pendency of the appeal, the appellant becomes
				  or is discovered to be financially able to repay those costs.
The affidavit shall be kept separate from the other papers in
				  the case and kept confidential.
The panel acting through the presiding judge may enter such
				  orders, including but not limited to limiting the record on appeal, as it deems
				  appropriate.
Code of Maine Rules › 90 - INDEPENDENT AGENCIES › 351 - WORKERS' COMPENSATION BOARD › Chapter 13 - RULES OF APPELLATE DIVISION › Section 351-13-5 - Time for Briefs

Current through 2024-29, July 17, 2024
1.
Time for
				Filing Briefs
When the record on appeal has been prepared pursuant to
				  §4 and filed with the clerk of the division, the clerk of the division
				  shall notify each party in writing of the briefing schedule. The appellant has
				  30 days after the date the record is filed to file a brief. The appellee has
				  until the date designated by the division in the briefing schedule, or 20 days
				  after receipt of the appellant's brief, whichever is later, to file a brief.
				  The appellant has 15 days after the due date for the appellee's brief to file a
				  reply brief. A brief is considered filed when received by the division. Receipt
				  may include receipt by e-mail, provided the original and all required copies
				  are sent by U.S. mail or other carrier on or before the due date.
1-A.
Cross-Appeals
When a cross-appeal has been filed, the briefing schedule is
				  as follows:
The appellant has 30 days after the record is filed to file a
				  brief. The appellee/cross-appellant shall consolidate the appellee's brief and
				  the cross-appellant's brief in a single brief to be filed on or before the date
				  designated by the division in the briefing schedule, or 20 days after receipt
				  of the appellant's brief, whichever is later. The cross-appellee has 20 days
				  after the due date of the appellee/cross/appellant's brief to file a response.
				  The appellant/cross-appellee shall consolidate the reply brief and response to
				  the cross-appellant's brief in a single brief. The appellee/cross-appellant has
				  15 days after the due date for the cross-appellee's brief to file a reply
				  brief. A brief is considered filed when received by the division.
Code of Maine Rules › 90 - INDEPENDENT AGENCIES › 351 - WORKERS' COMPENSATION BOARD › Chapter 13 - RULES OF APPELLATE DIVISION › Section 351-13-6 - Contents of Briefs

Current through 2024-29, July 17, 2024
1.
Appellant's Brief
The appellant's brief must include the following, under
				  appropriate headings and in the order provided:
A. A table of contents with page references;
B. A table of cases, statutes, and
				other authorities cited;
C. A
				statement of the facts of the case;
D. A statement of the issues presented for
				review; and E. The appellant's argument(s), which may include a summary. This
				section must include the appellant's contentions regarding the issue(s)
				presented and the legal analysis of those issue(s), with citations to
				authorities and page references from the appendix or the record, only if the
				referenced document is not in the appendix. Except for good reason, all
				documents referenced in the briefs should be included in the
				appendix.
Code of Maine Rules › 90 - INDEPENDENT AGENCIES › 351 - WORKERS' COMPENSATION BOARD › Chapter 13 - RULES OF APPELLATE DIVISION › Section 351-13-7 - Appendices to Briefs

Current through 2024-29, July 17, 2024
1.
Filing
The appellant shall file five copies of an appendix to the
				  appellant's brief with the clerk of the division no later than the date the
				  appellant's brief is due. The panel acting through the presiding judge may
				  require the appellant to file additional copies as needed. The appellant shall
				  serve a copy of the appendix on each party on the same date the appellant files
				  the appendix with the division.
2.
Contents
The appendix must contain those documents from the record
				  necessary for the review of the issue(s) on appeal, and must contain a table of
				  contents. The parties shall confer and attempt to agree on the contents of the
				  appendix. If the parties do not agree, no later than 14 days before the
				  appendix is due under §7.1, the appellant shall provide the appellee with
				  a list of the documents the appellant proposes to include in the appendix. If
				  the appellee wishes to add documents to the appendix, within seven days the
				  appellee shall designate the additional documents to include, and the appellant
				  shall include those documents unless otherwise ordered by the panel acting
				  through the presiding judge. The appendix may not include any documents that
				  are not part of the board file or the record on appeal other than a supplement
				  of legal authorities. The parties shall not include a document in the appendix
				  more than once. Except for good reason, all documents referenced in the briefs
				  should be included in the appendix.
3.
Cost
Unless the parties otherwise agree or leave to proceed
				  without payment of costs has been granted pursuant to §4 (1-A) of this
				  rule, the appellant shall pay the costs of producing the appendix. If the
				  appellee includes documents the appellant believes are unnecessary for the
				  review of the issue(s) on appeal, the appellee shall advance the additional
				  cost of producing the documents. At the conclusion of proceedings, the panel's
				  presiding judge may assign responsibility for disputed costs to either or both
				  parties.
4.
Format
Without prior approval of the clerk, the appendix may not
				  exceed 150 double-sided sheets of paper that are clearly paginated. The
				  appendix must be reproduced by standard printing or by a duplicating process
				  capable of producing a clear black image on white paper. To the extent
				  possible, pages must be printed on both sides, on 8 1/2" x 11" white, opaque,
				  unglazed paper. The appendix must have a white cover that conforms with cover
				  requirements for a brief as provided in §6.6(A) -(F).
Code of Maine Rules › 90 - INDEPENDENT AGENCIES › 351 - WORKERS' COMPENSATION BOARD › Chapter 13 - RULES OF APPELLATE DIVISION › Section 351-13-8 - Decision on Record

Current through 2024-29, July 17, 2024
The division shall decide appeals based exclusively on the
				  written submissions of the parties as provided in this chapter, except as
				  provided in §
									9.
Code of Maine Rules › 90 - INDEPENDENT AGENCIES › 351 - WORKERS' COMPENSATION BOARD › Chapter 13 - RULES OF APPELLATE DIVISION › Section 351-13-9 - Oral Argument

Current through 2024-29, July 17, 2024
1.
Request
				for Oral Argument
A panel may schedule a case for oral argument or a party may
				  request in writing the opportunity to present oral argument. The writing must
				  be under separate cover from any other board filing. The requesting party shall
				  indicate the reason oral argument is necessary for the understanding and
				  disposition of the appeal. The panel acting through the presiding judge may
				  grant a motion of an amicus curiae to participate in an oral argument only for
				  extraordinary reasons. If a party fails to request oral argument within 7 days
				  after the later of the due date of the appellant's reply brief or the
				  cross-appellant's reply brief, if a cross appeal is filed, oral argument is
				  waived.
2.
Scheduling
If the panel schedules oral argument, the clerk of the
				  division shall notify the parties in writing at least 21 days in advance of the
				  time and place the oral argument will be held.
3.
Postponement
A written motion for postponement of oral argument must be
				  filed with the clerk of the division at least 14 days before the scheduled
				  hearing date. The panel acting through the presiding judge may allow shorter
				  notice for emergencies or other exceptional circumstances, but the motion for
				  postponement must be made as soon as reasonably possible.
4.
Time Allowed for Argument
The appellant and appellee have 20 minutes each for
				  presentation of oral argument. If an employee and one or more
				  employers/insurers are appellees, the employee shall have 20 minutes for
				  presentation or oral argument and the employers/insurers may allocate a total
				  of 20 minutes for oral argument. The panel may allow additional time for oral
				  argument if a party files a motion showing good cause on or before the date
				  appellant's reply brief is due under §5.1.
5.
Order of Argument
The appellant may open and conclude the argument. The panel
				  may allow the appellant to reserve up to five minutes for concluding remarks
				  and rebuttal if the appellant requests the reservation before beginning the
				  appellant's presentation.
6.
Cross and Separate Appeals
A cross or related separate appeal must be argued with the
				  initial appeal at a single hearing unless the division directs otherwise. If
				  separate parties support the same argument, the parties shall avoid duplication
				  of argument.
7.
Failure to Appear
If the attorney or advocate for a party, or an unrepresented
				  party, fails to appear to present argument, the panel may hear argument from
				  any attorney, advocate, or unrepresented party present, and the panel shall
				  decide the case on the record of appeal, the briefs, and the argument. If no
				  one appears to present argument, the panel shall decide the case on the record
				  of appeal and briefs, unless the panel directs otherwise.
Code of Maine Rules › 90 - INDEPENDENT AGENCIES › 351 - WORKERS' COMPENSATION BOARD › Chapter 13 - RULES OF APPELLATE DIVISION › Section 351-13-10 - Action

Current through 2024-29, July 17, 2024
Pursuant to
				  39-A M.R.S.A.
				  §321-B(3), the panel,
				  after due consideration, shall issue a written decision affirming, modifying,
				  vacating, or remanding an Administrative Law Judge's decision. The written
				  decision of the panel must be filed with the board and mailed to the attorney
				  or advocate for each party, or if a party is unrepresented, to that party at
				  the party's last known address.
Code of Maine Rules › 90 - INDEPENDENT AGENCIES › 351 - WORKERS' COMPENSATION BOARD › Chapter 13 - RULES OF APPELLATE DIVISION › Section 351-13-11 - Disposition of Evidence

Current through 2024-29, July 17, 2024
1.
Disposition of Evidence
Workers' Compensation Board Rule Chapter 12, §19 applies
				  to the disposition of evidence when no party appeals from a division decision
				  to the Supreme Judicial Court.
2.
Recordings
The board shall preserve recordings of division oral
				  arguments for six years from the date of the argument.
Code of Maine Rules › 90 - INDEPENDENT AGENCIES › 351 - WORKERS' COMPENSATION BOARD › Chapter 14 - REVIEW BY FULL BOARD › Section 351-14-1 - Request for Board Review

Current through 2024-29, July 17, 2024
1. An
				Administrative Law Judge may request the Board to review a decision of that
				Administrative Law Judge pursuant to
				39-A M.R.S.A.
				§320 by filing with the Board form
				WCB-300 and a copy of the decision for which review is sought. Except when a
				motion is filed to find the facts specially and state separately the
				conclusions of law, the request must be made within 25 days of the issuance of
				a decision. If a motion is filed to find the facts specially and state
				separately the conclusions of law, the request must be made within 5 days of
				the issuance of a decision on the motion. The Board will distribute copies of
				the decision attached to form WCB-300 to all Board members within 5 working
				days of receipt of form WCB-300. The Board shall also distribute notice of the
				request for review to the Law Court.
2. If a request for review is filed prior to
				a timely motion to find the facts specially and state separately the
				conclusions of law, the Administrative Law Judge shall, within 5 days of the
				issuance of a decision on the motion, notify the Board whether or not the
				request for review is valid or should be withdrawn.
Code of Maine Rules › 90 - INDEPENDENT AGENCIES › 351 - WORKERS' COMPENSATION BOARD › Chapter 14 - REVIEW BY FULL BOARD › Section 351-14-2 - Board Action

Current through 2024-29, July 17, 2024
1. Except as
				provided in paragraph 2 of this section, the Board shall vote to grant or deny
				a Request for Review Pursuant to
				39-A M.R.S.A.
				§320 within 60 days after receipt of
				form WCB-300.
2. If a Motion for
				Findings of Fact and Conclusions of Law is filed after an Administrative Law
				Judge has requested review pursuant to
				39-A M.R.S.A.
				§320, the Board shall vote to grant or
				deny a request for review pursuant to
				39-A M.R.S.A.
				§320 within 60 days after receipt of the
				Administrative Law Judge's decision on the Motion for Findings of Fact and
				Conclusions of Law.
3. The vote
				shall be conducted during a public meeting of the Board. In voting to grant or
				deny a Request for Review pursuant to
				39-A M.R.S.A.
				§320, the Board shall consider only the
				decision from which review is sought, including a decision on a Motion for
				Findings of Fact, form WCB-300, and, if requested by the Board, a summary
				provided by the Legal Division.
4.
				Notice that the Board will vote on a request for review pursuant to §320
				shall be accomplished as follows: The name of the case, along with an
				indication that the case is being reviewed pursuant to §320, shall be
				placed on the Board's agenda under the heading "General Counsel's
				report."
5. The Board shall notify
				the Administrative Law Judge, parties, and the Law Court of the outcome of the
				vote of the Board.
6. If a majority
				of the members of the Board vote to grant the review of the decision, the Chair
				of the Board shall order the preparation of the record.
Code of Maine Rules › 90 - INDEPENDENT AGENCIES › 351 - WORKERS' COMPENSATION BOARD › Chapter 14 - REVIEW BY FULL BOARD › Section 351-14-3 - Record

Current through 2024-29, July 17, 2024
Responsibility for preparing the record shall be with the
				  Board. The record shall consist of all evidence considered by the
				  Administrative Law Judge in making the decision which is being reviewed by the
				  Board. The record shall be prepared within 60 days of notice of the vote of the
				  Board granting review of the decision. Copies of the record shall be
				  distributed to the parties and to the panel members assigned by the Chair to
				  review the decision. Upon completion of the record the Board shall issue a
				  briefing schedule to the parties.
Code of Maine Rules › 90 - INDEPENDENT AGENCIES › 351 - WORKERS' COMPENSATION BOARD › Chapter 14 - REVIEW BY FULL BOARD › Section 351-14-4 - Briefs

Current through 2024-29, July 17, 2024
1.
Time for Filing Briefs
The party or parties who received an unfavorable decision
				  from the Administrative Law Judge shall be treated as the appellants. The other
				  party or parties shall be treated as appellee(s). The appellant shall be given
				  30 days to file a brief. The appellee shall be given 20 days from receipt of
				  the appellant's brief in which to file its brief. The appellant may file a
				  reply brief within 15 days from receipt of the appellee's brief.
2.
Additional Time to File
				Briefs
Motions for extensions of time in which to file a brief
				  shall be made in writing and filed with the Board. The motion shall be directed
				  to the panel assigned to review the decision. Extensions for filing briefs
				  shall only be granted in extraordinary circumstances.
3.
Number of Copies to be Filed and
				Served
Ten copies of each brief shall be filed with the Board and
				  one copy of each brief shall be served on counsel for each of the other parties
				  separately represented. The Board will not accept a brief for filing unless it
				  is accompanied by acknowledgment or certificate of service upon counsel for the
				  other parties.
4.
Form
				of Briefs
A.
Brief of
				Appellant
The brief of the appellant shall contain under appropriate
				  headings and in the order here indicated:
(1) A table of contents, with page
				references, and a table of cases, statutes and other authorities
				cited.
(2) A statement of the facts
				of the case.
(3) A statement of the
				issues presented for review.
(4) An
				argument. The argument may be preceded by a summary. The argument shall contain
				the contentions of the appellant with respect to the issues presented, and the
				reasons therefore, with citations to the authorities and particular pages of
				the record relied on.
Code of Maine Rules › 90 - INDEPENDENT AGENCIES › 351 - WORKERS' COMPENSATION BOARD › Chapter 15 - PENALTIES › Section 351-15-1 - Place of Filing

Current through 2024-29, July 17, 2024
Unless otherwise directed, all filings, responses to
				  filings, position papers and correspondence relating to penalties and
				  forfeitures under this chapter must be addressed to and filed with the Abuse
				  Investigation Unit, Maine Workers' Compensation Board, 27 State House Station,
				  Augusta, Maine, 04333-0027.
Code of Maine Rules › 90 - INDEPENDENT AGENCIES › 351 - WORKERS' COMPENSATION BOARD › Chapter 15 - PENALTIES › Section 351-15-3 - Assessment of Penalties under 39-A M.R.S.A. section 205

Current through 2024-29, July 17, 2024
1. Pursuant to
				39-A M.R.S.A.
				§152(7), the Maine
				Workers' Compensation Board delegates to the Executive Director or the
				Executive Director's designee the authority to assess penalties pursuant to
				§§205(3) and 205(4). Complaints under §205(3) may be filed by
				the Deputy Director of Benefits Administration or other interested party. Any
				interested party may file a complaint pursuant to §205(4).
2. For complaints involving §205(3), the
				Abuse Investigation Unit will obtain documentation of payments made pursuant to
				§§205(1) and 205(2). Parties will be given the opportunity to
				address, in writing, any issues regarding factual disputes prior to the
				imposition of a penalty.
3. After
				completion of the investigation, if it is determined that a violation has
				occurred, the Executive Director or the Executive Director's designee will
				issue an order assessing penalties as outlined in §205(3). The order will
				specify the factual findings upon which the penalty is based.
4. For complaints involving §205(4), the
				complaint must specify that there is no ongoing dispute regarding the claim for
				benefits and must include proof of service upon the insurance carrier, by
				certified mail, of notice of nonpayment of the medical bill in question.
				Parties will be given the opportunity to address, in writing, any issues
				regarding factual disputes prior to the imposition of a penalty.
5. After completion of the investigation, if
				it is determined that a violation has occurred, the Executive Director or the
				Executive Director's designee will issue an order assessing penalties as
				outlined in §205(4). The order will specify the factual findings upon
				which the penalty is based.
Code of Maine Rules › 90 - INDEPENDENT AGENCIES › 351 - WORKERS' COMPENSATION BOARD › Chapter 15 - PENALTIES › Section 351-15-5 - Assessment of Sanctions and Forfeitures under 39-A M.R.S.A. section 313

Current through 2024-29, July 17, 2024
1. Pursuant to
				39-A M.R.S.A.
				§152(7), the Maine
				Workers' Compensation Board delegates to the Executive Director or the
				Executive Director's designee the authority to assess sanctions and forfeitures
				pursuant to §313.
2. The
				mediators will refer all recommendations for sanctions and forfeitures under
				§313 to the Executive Director or the Executive Director's designee.
				Referrals for sanctions and forfeitures must be in writing, must state the
				grounds for the referral, including the factual basis on which the referral is
				made, and must be served upon the party against whom the sanction or forfeiture
				is sought by certified mail, return receipt requested.
3. The Executive Director or the Executive
				Director's designee will process all requests for penalties under §313(5)
				and is empowered to assess a forfeiture of $100 against any employer or
				representative of the employee, employer, or insurer for failure to be familiar
				with the claim or have full authority to make decisions regarding the claim.
				The Assistant Director is also empowered to impose a sanction against any party
				of up to $100 under §313(4) for failure to attend a scheduled
				mediation.
4. All other
				§313(4) sanctions and any other forfeiture or sanction referral not
				falling within these prescribed categories will be referred for action by the
				Executive Director or the Executive Director's designee.
5. The Executive Director or the Executive
				Director's designee is empowered to impose sanctions under §313(4) which
				include assessment of costs and attorney's fees; reductions in attorney's fees;
				or suspension of proceedings until the moving party cooperates or produces the
				requested material. Where the facts warrant it, a hearing will be held prior to
				imposition of sanctions under §313(4).
6. Sanctions and forfeitures under both
				§§313(4) and 313(5) will be imposed by written order. The order will
				specify the factual findings upon which the forfeiture or sanction is
				based.
Code of Maine Rules › 90 - INDEPENDENT AGENCIES › 351 - WORKERS' COMPENSATION BOARD › Chapter 15 - PENALTIES › Section 351-15-7 - Assessment of Penalties under 39-A M.R.S.A. section 324(3)

Current through 2024-29, July 17, 2024
1. Pursuant to
				39-A M.R.S.A.
				§152(7), the Maine
				Workers' Compensation Board delegates to the Workers' Compensation Board Abuse
				Investigation Unit the authority to recommend the imposition of penalties
				pursuant to §324(3) and delegates to the Executive Director or the
				Executive Director's designee the authority to assess civil penalties, after
				hearing, pursuant to §324(3).
2. The Deputy Director of Benefits
				Administration will report all instances of noncompliance with §§401
				and 403 of the Act to the Abuse Investigation Unit, which will investigate the
				report of noncompliance.
3. Upon
				completion of the investigation, the Abuse Investigation Unit may refer the
				matter to the Executive Director or the Executive Director's designee for
				hearing and will notify the subject of the investigation of the referral.
				Hearings will be held in accordance with the provisions of Section 10.4 of
				these rules.
4. In addition to
				referral to the Executive Director or the Executive Director's designee for
				hearing, the Abuse Investigation Unit may pursue any of the sanctions contained
				in §324(3) where appropriate.
Code of Maine Rules › 90 - INDEPENDENT AGENCIES › 351 - WORKERS' COMPENSATION BOARD › Chapter 15 - PENALTIES › Section 351-15-9 - Assessment of Penalties under 39-A M.R.S.A. section 360(1)

Current through 2024-29, July 17, 2024
1. Pursuant to
				39-A M.R.S.A.
				§152(7), the Maine
				Workers' Compensation Board delegates to the Executive Director or the
				Executive Director's designee the authority to assess penalties pursuant to
				§360(1).
2. Any party in
				interest, including the Deputy Director of Benefits Administration or other
				interested party, may file a complaint under §360(1) with the Abuse
				Investigation Unit. The complaint must be in writing, must state the grounds
				for assessment of the penalty, including the factual basis on which the
				complaint is based, and must be served upon the party against whom the penalty
				is sought.
3. The party against
				whom the penalty is sought may respond to the complaint within 10 days of
				receipt of the complaint. Responses should be limited to addressing the factual
				issues invoked, and may include relevant exhibits.
4. After review of the submissions and the
				results of any investigation, the Executive Director or the Executive
				Director's designee will issue an order either assessing a penalty or
				dismissing the complaint.
Code of Maine Rules › 90 - INDEPENDENT AGENCIES › 351 - WORKERS' COMPENSATION BOARD › Chapter 16 - CONFIDENTIALITY OF FILES › Section 351-16-1 - Records

Current through 2024-29, July 17, 2024
Records of the former Workers' Compensation Commission and
				  Workers' Compensation Board providing a basis for identification of injured
				  employees through name, address, Social Security number or like means of
				  identification are confidential and available on a need-to-know
				  basis.
Code of Maine Rules › 90 - INDEPENDENT AGENCIES › 351 - WORKERS' COMPENSATION BOARD › Chapter 16 - CONFIDENTIALITY OF FILES › Section 351-16-2 - Need-to-Know

Current through 2024-29, July 17, 2024
For purposes of this rule, "need-to-know basis" shall
				  include, but is not limited to, the following:
1. An injured person gives written
				authorization for disclosure;
2. An
				injured person asserts a claim and an employer or insurer potentially subject
				to liability for the claim requests disclosure directly or through an attorney
				or other agent;
3. A person asserts
				a workers' compensation claim, or asserts a claim through civil or other
				litigation and any other person or insurer potentially subject to liability for
				the claim requests disclosure directly or through an attorney or other
				agent;
4. A person, insurer,
				employer, or other involved party is the subject of a public agency
				investigation or prosecution for fraud or other impropriety, whether civil or
				criminal;
5. An Administrative Law
				Judge, mediator, arbitrator, an appointed or agreed upon §312 independent
				medical examiner with proper notification, or other employee of the Board
				requests records for the purpose of administering and decision-making under the
				Act;
6. An Administrative Law
				Judge, mediator, or arbitrator, or the General Counsel upon request, rules that
				disclosure is appropriate for any other reason, including the potential
				relevance of such records to a claim or proceeding, or the likelihood that such
				records may reasonably be expected to lead to relevant evidence. Any such
				ruling may limit further disclosure by a recipient as appropriate; or
7. Access is required by Maine or Federal
				statute, regulations, or court order.
Code of Maine Rules › 90 - INDEPENDENT AGENCIES › 351 - WORKERS' COMPENSATION BOARD › Chapter 16 - CONFIDENTIALITY OF FILES › Section 351-16-3 - Methods for Requesting Information

Current through 2024-29, July 17, 2024
The Workers' Compensation Board will release no individual
				  identification information contained in individual injured workers files to
				  individuals that do not meet the need-to-know standard in Section
				  2. Individual identifying information
				  includes name, Social Security number, claim, or employee number. If the
				  request is made in person or over the telephone, and the individual is unknown
				  to staff or the need-to-know is not established, a written request will be
				  required. The written request shall state the relationship of the requesting
				  party to the case, the specific information requested, and any other
				  information the party believes helpful in establishing "need-to-know" as
				  defined by these regulations. The written request shall become part of the
				  individual file.
Code of Maine Rules › 90 - INDEPENDENT AGENCIES › 351 - WORKERS' COMPENSATION BOARD › Chapter 16 - CONFIDENTIALITY OF FILES › Section 351-16-4 - Legitimate Research Purposes

Current through 2024-29, July 17, 2024
1. Records of the
				former Workers' Compensation Commission and the Workers' Compensation Board
				which do not require the identification of individual injured employees are
				available for legitimate research purposes. For purposes of these rules,
				legitimate research purposes are defined as a study undertaken for academic
				purposes or by a bona fide organization or representative of an organization to
				discover facts, establish principles, review processes or evaluate outcomes
				regarding the administration and operations of activities relating to the
				workers' compensation system.
2.
Public Access for Legitimate Research Purposes
A. Request to access the Workers'
				Compensation Board database for legitimate research purposes will be made in
				writing to the General Counsel who will review the request with appropriate
				staff to determine if:
(1) The request
				complies with applicable statutes and Workers' Compensation Board
				regulations;
(2) The request is
				technically feasible;
(3) The
				Workers' Compensation Board resources needed to comply with such a request are
				available without jeopardizing ongoing operations.
Code of Maine Rules › 90 - INDEPENDENT AGENCIES › 351 - WORKERS' COMPENSATION BOARD › Chapter 16 - CONFIDENTIALITY OF FILES › Section 351-16-5 - Sensitive Records

Current through 2024-29, July 17, 2024
Absent a ruling pursuant to Section 2, subsection 6 or a
				  written authorization by an employee, "need-to-know" does not include the
				  following:
1. Information designated
				confidential by any other State or Federal statute or regulation;
2. Medical records including but not limited
				to medical records admitted into evidence; and
3. Information sealed during the dispute
				resolution process by an Administrative Law Judge on his or her own motion or
				at the request of a party. Such information may include records relating to:
				abortion, AIDS or HIV test results and treatment, mental deficiency, or
				disease, substance abuse test results and treatment or sexually transmitted
				diseases.
Code of Maine Rules › 90 - INDEPENDENT AGENCIES › 351 - WORKERS' COMPENSATION BOARD › Chapter 16 - CONFIDENTIALITY OF FILES › Section 351-16-6

Current through 2024-29, July 17, 2024
All Workers' Compensation Board and former Workers'
				  Compensation Commission records not declared confidential or sensitive pursuant
				  to §5 of this chapter are public records. Public records include, but are
				  not limited to, Board decisions, transcripts of testimony, and exhibits
				  admitted into evidence.
Code of Maine Rules › 90 - INDEPENDENT AGENCIES › 351 - WORKERS' COMPENSATION BOARD › Chapter 17 - EXPENSES AND FEES › Section 351-17-1 - Expenses Related To Independent Medical Examinations under 39-A M.R.S.A. section 312

Current through 2024-29, July 17, 2024
Expenses incurred by the employee attending an independent
				  medical examination are to be paid for by the employer. The following rates of
				  reimbursement shall apply for travel:
1. $.44 per mile for mileage
				reimbursements.
2. Actual costs or
				a maximum of $120.00 per evening for overnight lodging. Reimbursement for
				overnight lodging is allowed only when the employee has traveled 100 miles or
				more, one way, from the employee's place of residence.
3. $6.00 for breakfast, $6.00 for lunch, and
				$16.00 for dinner. Reimbursement for meals is allowed only when the employee
				has traveled 50 miles or more, one way, from the employee's place of
				residence.
4. Actual charges for
				tolls, accompanied by a receipt.
Code of Maine Rules › 90 - INDEPENDENT AGENCIES › 351 - WORKERS' COMPENSATION BOARD › Chapter 17 - EXPENSES AND FEES › Section 351-17-2 - Expenses Related To Medical Treatment

Current through 2024-29, July 17, 2024
The employer/insurer must pay the employee's travel-related
				  expenses incurred for medical treatment related to the claimed injury as
				  follows:
1. $.44 per mile for mileage
				reimbursements.
2. Actual costs
				accompanied by a receipt or a maximum of $120.00 per evening for overnight
				lodging. Reimbursement for overnight lodging is allowed only when the employee
				has traveled 100 miles or more, one way, from the employee's place of
				residence.
3. $6.00 for breakfast,
				$6.00 for lunch, and $16.00 for dinner. Reimbursement for meals is allowed only
				when the employee has traveled 50 miles or more, one way, from the employee's
				place of residence.
4. Actual
				charges for parking, tolls, and public transportation accompanied by a
				receipt.
Code of Maine Rules › 90 - INDEPENDENT AGENCIES › 351 - WORKERS' COMPENSATION BOARD › Chapter 17 - EXPENSES AND FEES › Section 351-17-3 - Mileage Reimbursement Pursuant to 39-A M.R.S.A. section 315

Current through 2024-29, July 17, 2024
Reasonable mileage expense reimbursement pursuant to
				  39-A M.R.S.A.
				  §315 shall be 44 cents per
				  mile.
Code of Maine Rules › 90 - INDEPENDENT AGENCIES › 351 - WORKERS' COMPENSATION BOARD › Chapter 17 - EXPENSES AND FEES › Section 351-17-4 - Expenses for Employees Attending a Board Appointed Examination Pursuant To 39-A M.R.S.A. section 611

Current through 2024-29, July 17, 2024
Expenses incurred by the employee attending a Board appointed
				  examination pursuant to Section 611 are to be paid for by the employer. The
				  following rates of reimbursement shall apply for travel:
1. $.44 per mile for mileage
				reimbursements.
2. Actual costs or
				a maximum of $120.00 per evening for overnight lodging. Reimbursement for
				overnight lodging is allowed only when the employee has traveled 150 miles or
				more, one way, from the employee's place of residence.
3. $6.00 for breakfast, $6.00 for lunch, and
				$16.00 for dinner. Reimbursement for meals is allowed only when the employee
				has traveled 50 miles or more, one way, from the employee's place of
				residence.
4. Actual charges for
				tolls, accompanied by a receipt.
5.
				Employees may be advanced funds to cover the expenses of travel by making a
				request to the employer. The employer shall make every effort to honor such
				requests in a timely manner.
Code of Maine Rules › 90 - INDEPENDENT AGENCIES › 351 - WORKERS' COMPENSATION BOARD › Chapter 18 - EXAMINATIONS BY IMPARTIAL PHYSICIAN(S) PURSUANT TO 39-A M.R.S.A. section 611 › Section 351-18-1 - Administration

Current through 2024-29, July 17, 2024
The Workers' Compensation Board delegates authority for
				  administration of 39­A M.R.S.A. §611 to the Deputy Director of
				  Medical/Rehabilitation Services.
Code of Maine Rules › 90 - INDEPENDENT AGENCIES › 351 - WORKERS' COMPENSATION BOARD › Chapter 18 - EXAMINATIONS BY IMPARTIAL PHYSICIAN(S) PURSUANT TO 39-A M.R.S.A. section 611 › Section 351-18-2 - Date of Injury

Current through 2024-29, July 17, 2024
This Chapter is promulgated pursuant to
				  39-A M.R.S.A.
				  §611. It shall apply to all requests for
				  appointment of an impartial physician under §611 on or after the effective
				  date of this Chapter, regardless of the employee's date of
				  injury.