| | | Be it enacted by the People of the State of Maine as follows: |
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| | | Sec. 1. 39-A MRSA §106, as amended by PL 1995, c. 694, Pt. D, §63 | | and affected by Pt. E, §2, is further amended to read: |
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| | | §106. Invalidity of waiver of rights; claims not assignable |
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| | | No agreement by an employee, unless approved by the board or | | by the Commissioner of Labor, to waive the employee's rights to | | compensation under this Act is valid. No claims for compensation | | under this Act are assignable or subject to attachment or liable | | in any way for debt, except for the enforcement of a current | | support obligation or support arrears pursuant to Title 19-A, | chapter 65, subchapter II | subchapter III, or | | pursuant to Title 22, section 4318; or for reimbursement to a 3rd | | party for compensation pursuant to a disability income protection | | plan or other contractual agreement pursuant to section 107. |
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| | | Sec. 2. 39-A MRSA §107, as enacted by PL 1991, c. 885, Pt. A, §8 | | and affected by §§9 to 11, is amended by adding at the end a new | | paragraph to read: |
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| | | If an injured employee has received compensation from a 3rd | | party based on a preexisting contractual agreement with the 3rd | | party, including, but not limited to, a disability income | | protection plan, the employee may assign the employee's claim for | | compensation and benefits under this Act to the 3rd party if the | | amount of compensation assigned to the 3rd party is no more than | | the compensation received by the employee from the 3rd party and | | if the assignment is in writing and signed by the employee. |
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| | | This bill allows an employee who receives payment from an | | income protection plan or other contractual agreement for an | | injury to assign the employee's workers' compensation claim to | | the 3rd party providing payment under that income protection plan | | or contractual agreement. The bill limits the amount of | | assignment of the claim to the amount of compensation received | | under the income protection plan or other contractual agreement, | | and specifies that the assignment must be in writing and signed | | by the employee. |
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