Maine Revised Statutes

§310. Protection

Except for statements made in proceedings before the board, a statement to any investigator or employer's representative, of any kind, oral or written, recorded or unrecorded, made by the injured employee is not admissible in evidence or considered in any way in any proceeding under this Act, except in accordance with this section. [1991, c. 885, Pt. A, §8 (NEW); 1991, c. 885, Pt. A, §§9-11 (AFF).]

1. Admissible statements.  A statement made to any investigator or employer's representative, of any kind, oral or written, recorded or unrecorded, made by the injured employee is admissible in evidence or may be considered in proceedings only if:
A. It is in writing; [1991, c. 885, Pt. A, §8 (NEW); 1991, c. 885, Pt. A, §§9-11 (AFF).]
B. A true copy of the statement is delivered to the employee by certified mail; and [1991, c. 885, Pt. A, §8 (NEW); 1991, c. 885, Pt. A, §§9-11 (AFF).]
C. The employee has been previously advised in writing of the following:
(1) That the statement may be used against the employee;
(2) That the employer or insurance carrier may have pecuniary interest adverse to the employee;
(3) That the employee may consult with counsel prior to making any statements;
(4) That the employee may decline to make any statement; and
(5) That the employer may not discriminate against the employee in any manner for refusing to make such a statement or exercising in any way the employee's rights under this Act. [1991, c. 885, Pt. A, §8 (NEW); 1991, c. 885, Pt. A, §§9-11 (AFF).]
[ 1991, c. 885, Pt. A, §8 (NEW); 1991, c. 885, Pt. A, §§9-11 (AFF) .]
2. Exception.  This section does not apply to agreements for the payment of compensation made pursuant to this Act or to the admissibility of statements to show compliance with the notice requirements of sections 301 and 302.
[ RR 1993, c. 1, §139 (COR) .]
3. Application.  This section applies only to employees injured prior to June 30, 1985.
[ 1991, c. 885, Pt. A, §8 (NEW); 1991, c. 885, Pt. A, §§9-11 (AFF) .]
SECTION HISTORY
1991, c. 885, §A8 (NEW). 1991, c. 885, §§A9-11 (AFF). RR 1993, c. 1, §139 (COR).