LD 2100
pg. 1
LD 2100 Title Page An Act to Allow Workers' Compensation Board Advocates to Prioritize and Decline... Page 2 of 2
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LR 3018
Item 1

 
Be it enacted by the People of the State of Maine as follows:

 
Sec. 1. 39-A MRSA §153-A, sub-§§6 and 7 are enacted to read:

 
6.__Case management authority of advocates.__An advocate has
the authority to:

 
A.__Manage and prioritize the advocate's caseload to
efficiently move cases through the board mediation and
hearing process and to achieve resolution; and

 
B.__Decline cases or cease assistance to an employee when
the advocate after investigation finds:

 
(1)__Timely notice of the injury was not given by the
employee to the employer, pursuant to this Act;

 
(2)__The statute of limitations has expired;

 
(3)__The employee's case is based on an argument or
issue adversely determined by the Supreme Judicial
Court;

 
(4)__The employee's case is based on a claim of
discrimination governed by section 353;

 
(5)__There is no record of medical assessment stating
that the employee's injury was either caused by,
aggravated by or precipitated by the employee's work
or, when the issue is aggravation, there is no record
of medical assessment stating that the employee's work
aggravated a preexisting condition in a significant
manner; or

 
(6)__The employee has admitted to a fraudulent act, has
been convicted of a fraudulent act by a court of
competent jurisdiction or has been found to have
committed a fraudulent act by the abuse investigation
unit of the board.

 
A qualified employee whose case is declined or whose advocate
assistance ceases pursuant to this subsection may appeal the
action to the executive director of the board, within 30 days of
the action.__The executive director's ruling on the appeal is
final and is not subject to judicial review.__If the executive
director finds assistance by an advocate should resume, the
employee must be assigned to an advocate other than the advocate
who declined the case or ceased assistance.


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