US Lawyer Database

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 […]

39-A §209-A. Medical fee schedule

§209-A. Medical fee schedule 1.  Definitions.  As used in this section, unless the context otherwise indicates, the following terms have the following meanings.   A. “Ancillary services and products” means those services and products that are necessary but peripheral to the medical procedure.   [PL 2011, c. 338, §4 (NEW).] B. “Medical fee schedule” means […]

39-A §210. Medical utilization review

§210. Medical utilization review 1.  Rules.  The board, in consultation with the appropriate professional organization representing the health care specialty involved, shall adopt rules establishing specific protocols pertaining to the extent and duration of treatment for specific injuries and illnesses.   [PL 1991, c. 885, Pt. A, §8 (NEW); PL 1991, c. 885, Pt. A, […]

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 […]

39-A §212. Compensation for total incapacity

§212. Compensation for total incapacity 1.  Total incapacity; date of injury prior to January 1, 2013.  If the injured employee’s date of injury is prior to January 1, 2013, while the incapacity for work resulting from the injury is total, the employer shall pay the injured employee a weekly compensation equal to 80% of the […]

39-A §213. Compensation for partial incapacity

§213. Compensation for partial incapacity 1.  Benefit and duration.  While the incapacity for work is partial, the employer shall pay the injured employee a weekly compensation as follows.   A. If the injured employee’s date of injury is prior to January 1, 2013, the weekly compensation is equal to 80% of the difference between the […]

39-A §214. Determination of partial incapacity

§214. Determination of partial incapacity 1.  Benefit determination.  While the incapacity is partial, the employer shall pay the injured employee benefits as follows.   A. If an employee receives a bona fide offer of reasonable employment from the previous employer or another employer or through the Bureau of Employment Services and the employee refuses that […]

39-A §215. Death benefits

§215. Death benefits 1.  Death of employee; date of injury prior to January 1, 2013.  If an injured employee’s date of injury is prior to January 1, 2013 and if death results from the injury of the employee, the employer shall pay or cause to be paid to the dependents of the employee who were […]

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 […]