39-A §313. Procedure upon notice of controversy or other indication of controversy; mediation
§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 […]
39-A §314. Arbitration
§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 […]
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 §315. Time and place of formal hearing
§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 […]
39-A §224. Adjustment to partial incapacity benefit payments for injuries prior to November 20, 1987
§224. Adjustment to partial incapacity benefit payments for injuries prior to November 20, 1987 The annual adjustment made pursuant to former Title 39, sections 55 and 55-A must be made as follows. The preinjury average weekly wage must first be adjusted to reflect the annual inflation or deflation factors as computed by the Maine Unemployment […]
39-A §316. Guardians and other representatives for minors and incompetents
§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 […]
39-A §301. Notice of injury within 90 days
§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 […]
39-A §317. Appearance by authorized officer, employee or advocate
§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. […]
39-A §302. Sufficiency of notice; knowledge of employer; extension of time for notice
§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 […]
39-A §318. Hearing and decision
§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 […]