US Lawyer Database

For Lawyer-Seekers

YOU DESERVE THE BEST LAWYER

39-A §351. Nonresidents

§351. Nonresidents If an employee receiving weekly payments under this Act ceases to reside in the State or if the employee’s residence at the time of the injury is in another state, the board upon application of either party may, in its discretion, having regard to the welfare of the employee and the convenience of […]

39-A §352. Lump-sum settlements

§352. Lump-sum settlements 1.  Agreement.  An insurer, self-insurer or self-insured group and an employer and employee may by agreement discharge any liability for compensation, in whole or in part, by the employer’s payment of an amount to the employee if:   A. The insurer, the employer, the employee or the employee’s dependents petition the board […]

39-A §353. Discrimination

§353. Discrimination An employee may not be discriminated against by any employer in any way for testifying or asserting any claim under this Act. Any employee who is so discriminated against may file a petition alleging a violation of this section. The matter must be referred to an administrative law judge for a formal hearing […]

39-A §354. Multiple injuries; apportionment of liability

§354. Multiple injuries; apportionment of liability 1.  Applicability.  When 2 or more occupational injuries occur, during either a single employment or successive employments, that combine to produce a single incapacitating condition and more than one insurer is responsible for that condition, liability is governed by this section.   [PL 1991, c. 885, Pt. A, §8 […]

39-A §355-A. Supplemental Benefits Fund

§355-A. Supplemental Benefits Fund 1.  Creation of fund.  The Supplemental Benefits Fund, referred to in this section and sections 355‑B to 356 as the “fund,” is created to reimburse insurers and self-insurers for their payments of compensation to employees under section 213, subsections 3 and 4.   [PL 2001, c. 448, §5 (NEW).] 2.  Administration […]

39-A §355-B. Supplemental Benefits Oversight Committee

§355-B. Supplemental Benefits Oversight Committee The Supplemental Benefits Oversight Committee, referred to in this section and sections 355‑C and 356 as the “committee,” is created and charged with the duty to monitor, facilitate and provide general oversight in the administration of reimbursement of workers’ compensation benefit obligations of the fund pursuant to section 213, subsections […]

39-A §355-C. Powers and duties of committee; reimbursement

§355-C. Powers and duties of committee; reimbursement The committee shall review and evaluate requests for reimbursement of workers’ compensation benefits paid or payable under section 213, subsections 3 and 4.   [PL 2001, c. 448, §5 (NEW).] 1.  Power to bind fund.  The committee has power to bind the fund with respect to the monetary […]

39-A §355. Employment Rehabilitation Fund

§355. Employment Rehabilitation Fund If an employee who has completed a rehabilitation program under section 217, whether implementation is approved or ordered by the board, subsequently sustains a personal injury arising out of and in the course of employment and that injury, in combination with the prior injury, results in a reduction in earning capacity […]

39-A §356. Funding of Supplemental Benefits Fund

§356. Funding of Supplemental Benefits Fund 1.  Assessment.  [PL 2001, c. 448, §6 (RP).] 1-A.  Assessment.  The committee may levy an assessment against insurers to provide funds to meet the obligations of the fund for reimbursement pursuant to section 213, subsections 3 and 4. The committee may also delegate its duties and powers under this […]

39-A §357. Information from insurance companies

§357. Information from insurance companies 1.  Completion of forms.  Every insurance company insuring employers under this Act shall fill out any blanks and answer all questions submitted that may relate to policies, premiums, amount of compensation paid and such other information as the board or the Superintendent of Insurance may determine important, either for the […]

39-A §358-A. Reports and data collection

§358-A. Reports and data collection 1.  Workers’ compensation system annual report.  The board, in consultation with the Superintendent of Insurance and the Director of the Bureau of Labor Standards within the Department of Labor, shall submit an annual report to the Governor and the joint standing committees of the Legislature having jurisdiction over labor and […]

39-A §359. Audits; penalty; monitoring

§359. Audits; penalty; monitoring 1.  Audits.  The board shall audit claims, including insurer, self-insurer, Maine Insurance Guaranty Association and 3rd-party administrator claim files, on an ongoing basis to determine whether insurers, self-insured employers, the Maine Insurance Guaranty Association and 3rd-party administrators have met their obligations under this Act and to identify the disputes that arose, […]

39-A §360. Penalties

§360. Penalties 1.  Reporting violations.  The board may assess a civil penalty not to exceed $100 for each violation on any person:   A. Who fails to file or complete any report or form required by this Act or rules adopted under this Act; or   [PL 1991, c. 885, Pt. A, §8 (NEW); PL […]

39-A §361. Payment to the Workers’ Compensation Board Administrative Fund; enforcement

§361. Payment to the Workers’ Compensation Board Administrative Fund; enforcement 1.  Payment.  All penalties assessed under this Act are payable to the Workers’ Compensation Board Administrative Fund, unless otherwise provided by law. Upon certification by the board that certain amounts in the Workers’ Compensation Board Administrative Fund attributable to penalties assessed pursuant to this Act […]