LD 768
pg. 2
Page 1 of 4 An Act To Improve the Administration of the Baxter Compensation Program Page 3 of 4
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LR 1171
Item 1

 
(7)__A detailed account of the administrative budget
and the previous year's expenditures.

 
Sec. 2. 5 MRSA §22002, sub-§8, as enacted by PL 2001, c. 439, Pt. T,
§5, is repealed.

 
Sec. 3. 5 MRSA §22009, sub-§2, as enacted by PL 2001, c. 439, Pt. T,
§5, is amended to read:

 
2. Confidential. All information provided by a claimant or
a claimant's family is confidential until the claim is
submitted to the compensation panel. Once the claim is
submitted to the compensation panel, the claim following
information is a public record.:

 
A.__The claimant's name;

 
B.__The claimant's eligibility for compensation;

 
C.__The amount of the compensation award, if any; and

 
D.__A summary of the compensation panel's rationale in
deciding eligibility and the compensation award amount.

 
All other information supporting or corroborating the claim
continues to be confidential and may be released by the
authority to only the Attorney General, the Governor and the
chairs of the joint standing committee of the Legislature
having jurisdiction over the authority.__The information
remains confidential and the Attorney General, the Governor
and chairs of the committee may not release it.

 
Sec. 4. 5 MRSA §22025, sub-§§4 and 5, as enacted by PL 2001, c. 439,
Pt. T, §5, are repealed and the following enacted in their
place:

 
4.__Appeal on record and appeal documents.__In considering
an appeal, the appeal board, except as otherwise provided in
this section, shall consider only the record of the
proceedings before the compensation panel, including any
documents or testimony presented to the panel.__The appeal
board may also consider any oral or written arguments that the
claimant may wish to make in support of the claim.

 
5.__Standard of review.__The appeal board may either affirm
or increase a compensation award of the compensation panel,
but may not reduce an award.__The appeal board may overrule a
decision of the compensation panel only if the appeal board
determines the decision of the compensation panel is arbitrary
and capricious, inconsistent with the statute or inconsistent
with the policies adopted by the authority.


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