An Act To Clarify Apportionment of Benefits for Multiple Work Injuries
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 39-A MRSA §354, sub-§3, as amended by PL 1999, c. 354, §9, is further amended to read:
3. Subrogation. Any insurer determined to be liable for benefits under subsection 2 must be subrogated to the employee's rights under this Act for all benefits the insurer has paid and for which another insurer may be liable. Apportionment decisions made under this subsection may not affect an employee's rights and benefits under this Act. There may be no reduction of an employee's entitlement to any benefits under this Act payable by an insurer based on a prior work-related injury that was the subject of a lump sum settlement approved by the board prior to the date of the injury for which the insurer is responsible. The board has jurisdiction over proceedings to determine the apportionment of liability among responsible insurers.
Sec. 2. Retroactivity. This Act applies retroactively to all injuries including pending cases and cases on appeal.
Effective September 12, 2009