§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 […]
§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 […]
§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 […]
§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. […]
§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 […]
§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. […]
§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 […]
§308. Employment 1. Return to employment. Any person receiving compensation under this Act who returns to employment or engages in new employment after that person’s injury shall file a written report of that employment with the board and that person’s previous employer within 7 days of that person’s return to work. This report must include […]
§309. Subpoenas; evidence; discovery 1. Subpoenas. Any board member or designee of the board may administer oaths and any board member or designee of the board may issue subpoenas for witnesses and subpoenas duces tecum to compel the production of books, papers and photographs relating to any questions in dispute before the board, any matters […]
§310. Protection Except for statements made in proceedings before the board, a statement to any investigator or employer’s representative, of any kind, oral or written, recorded or unrecorded, made by the injured employee is not admissible in evidence or considered in any way in any proceeding under this Act, except in accordance with this section. […]
§311. Inadmissible statements No statement of any kind made by the injured employee to any investigator, employer or employer’s representative, whether oral or written, recorded or unrecorded, may be admitted into evidence or considered in any way in any proceeding under this Act if it was obtained by means of duress on the part of […]
§312. Independent medical examiners 1. Examiner system. The board shall develop and implement an independent medical examiner system consistent with the requirements of this section. As part of this system, the board shall, in the exercise of its discretion, create, maintain and periodically validate a list of not more than 50 health care providers that […]
§313. Procedure upon notice of controversy or other indication of controversy; mediation 1. Procedure. Except as provided in section 205, subsection 9, paragraph D, upon filing of notice of controversy or other indication of controversy, the matter must be referred by the board to mediation. [PL 1999, c. 354, §7 (AMD).] 2. Mediation. The […]
§314. Arbitration Any case for which an application for a hearing has been filed may be heard by an arbitrator mutually agreed upon in writing by the parties. [PL 1991, c. 885, Pt. A, §8 (NEW); PL 1991, c. 885, Pt. A, §§9-11 (AFF).] 1. Evidence. An arbitrator shall admit evidence in accordance with […]
§315. Time and place of formal hearing Upon filing of the mediator’s report indicating that mediation has not resolved all issues in dispute, the matter must be referred to the board, which shall fix a time for hearing upon at least a 5-day notice given to all the parties or to the attorney of record […]
§316. Guardians and other representatives for minors and incompetents If an injured employee is a minor or is mentally incompetent or, when death results from the injury, if any of the employee’s dependents entitled to compensation are minors or mentally incompetent at the time when any right, privilege or election accrues under this Act, the […]
§317. Appearance by authorized officer, employee or advocate The appearance before the board of an authorized officer, employee, advocate or representative of a party in any hearing, action or proceeding in which the party is participating or desires to participate is not an unauthorized practice of law and is not subject to any criminal sanction. […]
§318. Hearing and decision The administrative law judge shall hear those witnesses as may be presented or, by agreement, the claims of both parties as to the facts may be presented by affidavits. If the facts are not in dispute, the parties may file with the administrative law judge an agreed statement of facts for […]
§319. Petition for reopening Upon the petition of either party, the board may reopen and review any compensation payment scheme, award or decree on the grounds of newly discovered evidence that by due diligence could not have been discovered prior to the time the payment scheme was initiated or prior to the hearing on which […]
§320. Review by full board An administrative law judge may request that the full board review a decision of the administrative law judge if the decision involves an issue that is of significance to the operation of the workers’ compensation system. Except when a motion is filed to find the facts specially and state separately […]
