US Lawyer Database

39-A §329. Interpreter required

§329. Interpreter required An employee whose native language is not English and who does not understand the English language to the degree necessary to reasonably understand and participate in proceedings that affect the employee’s rights is entitled to have an interpreter present at all proceedings before the board or an administrative law judge relating to […]

39-A §319. Petition for reopening

§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 […]

39-A §320. Review by full board

§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 […]

39-A §321. Reopening for mistake of fact or fraud

§321. Reopening for mistake of fact or fraud 1.  Agreements.  Upon the petition of either party at any time, the board may annul any agreement that has been approved by the board if it finds that the agreement has been entered into through mistake of fact by the petitioner or through fraud. Except in the […]

39-A §321-A. Appellate Division

§321-A. Appellate Division 1.  Establishment.  There is established within the board the Appellate Division, referred to in this subchapter as “the division.”   [PL 2011, c. 647, §20 (NEW).] 2.  Composition.  The division is composed of full-time administrative law judges who are appointed by the executive director of the board to serve on panels to […]

39-A §321-B. Appeal from administrative law judge decision

§321-B. Appeal from administrative law judge decision 1.  Procedure.  An appeal of a decision by an administrative law judge pursuant to section 318 to the division must be conducted pursuant to this subsection.   A. A party in interest may file with the division a notice of intent to appeal a decision by an administrative […]

39-A §322. Appeal from decision of appellate division or board

§322. Appeal from decision of appellate division or board 1.  Appeals.  Any party in interest may present a copy of the decision of the division or of the board, if the board has reviewed a decision pursuant to section 320, to the clerk of the Law Court within 20 days after receipt of notice of […]

39-A §323. Enforcement of board decision

§323. Enforcement of board decision Any decision of the board is enforceable by the Superior Court by any suitable process, including execution against goods, chattel and real estate and proceedings for contempt for willful failure or neglect to obey the orders or decrees of the court or in any other manner that decrees for equitable […]

39-A §324. Compensation payments; penalty

§324. Compensation payments; penalty 1.  Order or decision.  The employer or insurance carrier shall make compensation payments within 10 days after the receipt of notice of an approved agreement for payment of compensation or within 10 days after any order or decision of the board awarding compensation. If the board enters a decision awarding compensation, […]

39-A §325. Costs; attorney’s fees allowable

§325. Costs; attorney’s fees allowable 1.  Costs and attorney’s fees.  Except as otherwise provided by law, by the Maine Rules of Civil Procedure or by rule of court, each party is responsible for the payment of the party’s own costs and attorney’s fees. In the event of a disagreement as to those costs or fees, […]