An Act To Amend the Maine Workers' Compensation Act of 1992
Sec. 1. 39-A MRSA §102, sub-§1, as enacted by PL 1991, c. 885, Pt. A, §8 and affected by §§9 to 11, is amended to read:
Sec. 2. 39-A MRSA §102, sub-§8, ¶A, as enacted by PL 1991, c. 885, Pt. A, §8 and affected by §§9 to 11, is repealed and the following enacted in its place:
Sec. 3. 39-A MRSA §102, sub-§8, ¶B, as enacted by PL 1991, c. 885, Pt. A, §8 and affected by §§9 to 11, is repealed.
Sec. 4. 39-A MRSA §105, sub-§3, as amended by PL 2009, c. 569, §1, is further amended to read:
Sec. 5. 39-A MRSA §105, sub-§4, as amended by PL 1993, c. 120, §1 and affected by §6, is further amended to read:
Sec. 6. 39-A MRSA §217, sub-§1, as enacted by PL 1991, c. 885, Pt. A, §8 and affected by §§9 to 11, is amended to read:
Sec. 7. 39-A MRSA §218, sub-§3, as enacted by PL 1991, c. 885, Pt. A, §8 and affected by §§9 to 11, is amended to read:
Sec. 8. 39-A MRSA §303, as amended by PL 2003, c. 471, §1, is further amended to read:
§ 303. Reports to board
When any employee has reported to an employer under this Act any injury arising out of and in the course of the employee's employment that has caused the employee to lose a day's work, or when the employer has knowledge of any such injury, the employer shall report the injury to the board within 7 days after the employer receives notice or has knowledge of the injury. An insured employer that has notice or knowledge of any such injury and fails to give timely notice to its insurer shall reimburse the insurer for any penalty that is due as a result of the late filing of the report of injury. The employer shall also report the average weekly wages or earnings of the employee, as defined in section 102, subsection 4, together with any other information required by the board, within 30 days after the employer receives notice or has knowledge of a claim for compensation under section 212, 213 or 215, unless a wage statement has previously been filed with the board. A copy of the wage information must be mailed to the employee. The employer shall report when the injured employee resumes the employee's employment and the amount of the employee's wages or earnings at that time. The employer shall complete a first report of injury form for any injury that has required the services of a health care provider within 7 days after the employer receives notice or has knowledge of the injury. The employer shall provide a copy of the form to the injured employee and retain a copy for the employer's records but is not obligated to submit the form to the board unless the injury later causes the employee to lose a day's work. The employer is also required to submit the form to the board if the board has finally adopted a major substantive rule pursuant to Title 5, chapter 375, subchapter 2-A to require the form to be filed electronically.
Sec. 9. 39-A MRSA §318, last ¶, as enacted by PL 1991, c. 885, Pt. A, §8 and affected by §§9 to 11, is amended to read:
Clerical mistakes in decrees, orders or other parts of the record and errors arising from oversight or omission may be corrected by the board at any time of its own initiative, at the request of the hearing officer or on the motion of any party and after notice to the parties. During the pendency of an appeal, these mistakes may be corrected before the appeal is docketed in filed with the Law Court division and thereafter, while the appeal is pending, may be corrected with leave of the Law Court division.
Sec. 10. 39-A MRSA §320, 2nd ¶, as amended by PL 2011, c. 647, §19, is further amended to read:
If a hearing officer asks for review, the time for appeal to the Appellate Division pursuant to section 321-B is stayed and no further action may be taken until a decision of the board has been made. If the board reviews a decision of a hearing officer, any appeal must be from the decision of the board and must be made to the Law Court in accordance with section 322. The time for appeal begins upon the board's issuance of a written decision on the merits of the case or written notice that the board denies review.
Sec. 11. 39-A MRSA §320, 3rd ¶, as amended by PL 2003, c. 608, §13, is further amended to read:
The board shall vote on whether to review the decision. If a majority of the board's membership fails to vote to grant review or the board fails to act within 60 days after receiving the initial request for review, the decision of the hearing officer stands , and any appeal must be made to the division in accordance with section 321-B. If the board votes to review the decision, the board may delegate responsibility for reviewing the decision of the hearing officer under this section to panels of board members consisting of equal numbers of representatives of labor and management. Review must be on the record and on written briefs only. Upon a vote of a majority of the board's membership, the board shall issue a written decision affirming, reversing remanding, vacating or modifying the hearing officer's decision. The written decision of the board must be filed with the board and mailed to the parties or their counsel. If the board fails to adopt a decision by majority vote, the decision of the hearing officer stands and is subject to direct appellate review in the same manner as if the board had not voted to review the decision.
Sec. 12. 39-A MRSA §321-B, sub-§1, ¶B, as enacted by PL 2011, c. 647, §20, is amended to read:
Sec. 13. 39-A MRSA §321-B, sub-§3, as enacted by PL 2011, c. 647, §20, is amended to read:
Sec. 14. 39-A MRSA §324, sub-§1, as amended by PL 2011, c. 361, §1, is further amended to read:
Sec. 15. Application. Notwithstanding the Maine Revised Statutes, Title 1, section 302, those sections of this Act that amend Title 39-A, sections 318, 320 and 321-B apply to actions and proceedings that are pending on the effective date of this Act.
1. Clarifies that the board will no longer publish average weekly wage tables after December 1, 2011. Publication of the tables is no longer necessary because, pursuant to Public Law 2011, chapter 647, compensation for employees injured on and after January 1, 2013 is based on 2/3 of gross average weekly wage as opposed to 80% of after-tax average weekly wage;
2. Makes the presumption of dependency consistent for spouses;
3. Extends the time within which the board must take action on a predetermination request from 14 to 30 days;
4. Establishes that review of a predetermination request is final within the board;
5. Establishes that a request for evaluation of the need for employment rehabilitation is not subject to review outside of the agency;
6. Extends to 2 years the period within which an employee can petition for reinstatement to an employer with 200 or fewer employees;
7. Establishes that an employer is required to reimburse its insurer if the employer is responsible for the late filing of a first report of injury;
8. Clarifies procedures relating to the Appellate Division within the Workers' Compensation Board by:
9. Clarifies procedures relating to the review of a decision by the board pursuant to the Maine Revised Statutes, Title 39-A, section 320 by:
10. Clarifies that benefits must be paid while an appeal is pending before the Appellate Division and that benefits paid while a case is pending before the Appellate Division are subject to repayment in the same manner as when the Law Court decides an employee is not entitled to compensation.