4.__Jurisdiction; notice.__The board has jurisdiction over all claims for reimbursement from the fund pursuant to section 213, paragraphs 3 and 4.__The fund is not bound as to any question of law or fact by reason of any award, any agreement or any adjudication to which the fund was not a party, or in relation to which the fund was not notified, at least 21 days prior to the proceeding, that the fund might be subject to liability for the injury or death of an employee.__Notice must be accomplished by serving via certified mail, return receipt requested, notice of a proceeding upon the program.

5.__State not liable.__The State is not liable for any claim against the fund pursuant to this section in excess of the fund's ability to pay. If any claim against the fund is denied due to an inadequate fund balance, that claim is entitled to priority over later claims when an adequate balance is restored.

6.__Levy of assessment.__The program shall notify the executive director of the board when the amount of money in the fund is less than $500,000.__The board shall then levy an assessment pursuant to section 356.

7.__Rules.__Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter II-A.

SUMMARY

This bill requires the Workers' Compensation Board to contract for services to administer reimbursement requests pursuant to the Maine Revised Statutes, Title 39-A, section 213, subsections 3 and 4. Payment for the services must be made from the Employment Rehabilitation Fund. This bill also creates an oversight committee to monitor the performance of the entity hired to administer the reimbursement requests. The oversight committee serves an advisory function and is directed to make recommendations to the Workers' Compensation Board on all matters related to reimbursement from the Employment Rehabilitation Fund. The Workers' Compensation Board retains responsibility for determining who will administer this program.