| Be it enacted by the People of the State of Maine as follows: |
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| | Sec. 1. 39-A MRSA §153-A, sub-§§6 and 7 are enacted to read: |
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| | 6.__Case management authority of advocates.__An advocate has | the authority to: |
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| A.__Manage and prioritize the advocate's caseload to | efficiently move cases through the board mediation and | hearing process and to achieve resolution; and |
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| B.__Decline cases or cease assistance to an employee when | the advocate after investigation finds: |
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| (1)__Timely notice of the injury was not given by the | employee to the employer, pursuant to this Act; |
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| (2)__The statute of limitations has expired; |
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| (3)__The employee's case is based on an argument or | issue adversely determined by the Supreme Judicial | Court; |
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| (4)__The employee's case is based on a claim of | discrimination governed by section 353; |
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| (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 |
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| (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. |
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| 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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