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39-A §201. Entitlement to compensation and services generally

§201. Entitlement to compensation and services generally (CONTAINS TEXT WITH VARYING EFFECTIVE DATES) 1.  Entitlement.  If an employee who has not given notice of a claim of common law or statutory rights of action, or who has given the notice and has waived the claim or rights, as provided in section 301, receives a personal […]

39-A §202. Injury or death due to willful intention or intoxication

§202. Injury or death due to willful intention or intoxication Compensation or other benefits are not allowed for the injury or death of an employee when it is proved that the injury or death was occasioned by the employee’s willful intention to bring about the injury or death of the employee or of another, or […]

39-A §203. Incarceration of employee

§203. Incarceration of employee 1.  Compensation while incarcerated.  Compensation for incapacity under section 212 or 213 or under any prior workers’ compensation laws may not be paid to any person during any period of incarceration imposed in this State or any other jurisdiction after conviction of a criminal offense, except in relation to compensable injuries […]

39-A §204. Waiting period; when compensation payable

§204. Waiting period; when compensation payable Compensation for incapacity to work is not payable for the first 7 days of incapacity, except that firefighters must receive compensation from the date of incapacity. In case incapacity continues for more than 14 days, compensation is allowed from the date of incapacity.   [PL 1991, c. 885, Pt. […]

39-A §205. Benefit payment

§205. Benefit payment 1.  Prompt and direct payment.  Compensation under this Act must be paid promptly and directly to the person entitled to that compensation at the employee’s mailing address, or where the employee designates, without an award, except in cases when there is an ongoing dispute.   [PL 1991, c. 885, Pt. A, §8 […]

39-A §206. Duties and rights of parties as to medical and other services; cost

§206. Duties and rights of parties as to medical and other services; cost An employee sustaining a personal injury arising out of and in the course of employment or disabled by occupational disease is entitled to reasonable and proper medical, surgical and hospital services, nursing, medicines, and mechanical, surgical aids, as needed, paid for by […]

39-A §208. Medical information

§208. Medical information 1.  Certificate of authorization.  Authorization from the employee for release of medical information by health care providers to the employer is not required if the information pertains to treatment of an injury or disease that is claimed to be compensable under this Act.   [PL 1991, c. 885, Pt. A, §8 (NEW); […]

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 […]

39-A §217. Employment rehabilitation

§217. Employment rehabilitation When as a result of injury the employee is unable to perform work for which the employee has previous training or experience, the employee is entitled to such employment rehabilitation services, including retraining and job placement, as reasonably necessary to restore the employee to suitable employment.   [PL 1991, c. 885, Pt. […]

39-A §218. Worker reinstatement rights

§218. Worker reinstatement rights Upon petition of an injured employee, the board may require, after hearing, that the employee be reinstated as required by this section.   [PL 1991, c. 885, Pt. A, §8 (NEW); PL 1991, c. 885, Pt. A, §§9-11 (AFF).] 1.  Reinstatement rights.  When an employee has suffered a compensable injury, the […]

39-A §219. Light-duty work pools

§219. Light-duty work pools Employers may form light-duty work pools for the purpose of encouraging the return to work of injured employees.   [PL 1991, c. 885, Pt. A, §8 (NEW); PL 1991, c. 885, Pt. A, §§9-11 (AFF).] SECTION HISTORY PL 1991, c. 885, §A8 (NEW). PL 1991, c. 885, §§A9-11 (AFF).