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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, […]

39-A §326. Death of petitioner

§326. Death of petitioner No proceedings under this Act abate because of the death of the petitioner, but may be prosecuted by the employee’s legal representatives or by any person entitled to compensation by reason of the death under this Act.   [PL 1991, c. 885, Pt. A, §8 (NEW); PL 1991, c. 885, Pt. […]

39-A §327. When employee killed or unable to testify

§327. When employee killed or unable to testify In any claim for compensation, when the employee has been killed or is physically or mentally unable to testify, there is a rebuttable presumption that the employee received a personal injury arising out of and in the course of employment, that sufficient notice of the injury has […]

39-A §328-A. Communicable disease contracted by emergency rescue or public safety worker

§328-A. Communicable disease contracted by emergency rescue or public safety worker 1.  Definitions.  As used in this section, unless the context otherwise indicates, the following terms have the following meanings.   A. “Body fluids” means blood and body fluids containing visible blood and other potentially infectious materials, as defined in a regulation of the Occupational […]

39-A §328-B. Cancer suffered by a firefighter

§328-B. Cancer suffered by a firefighter Cancer suffered by a firefighter is governed by this section.   [PL 2009, c. 408, §1 (NEW).] 1.  Definitions.  As used in this section, unless the context otherwise indicates, the following terms have the following meanings.   A. “Cancer” means kidney cancer, non-Hodgkin’s lymphoma, colon cancer, leukemia, brain cancer, […]

39-A §328-C. Heart disease or hypertension suffered by certain employees

§328-C. Heart disease or hypertension suffered by certain employees There is a rebuttable presumption that an employee of the State whose regular or incidental duties require the care, supervision or custody of a person confined in a prison or state correctional facility pursuant to an order of a court or as a result of an […]

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 […]