Sec. 13. 39-A MRSA §320, as enacted by PL 1991, c. 885, Pt. A, §8 and affected by §§9 to 11, is amended to read:

§320. Review by full board

Within 5 days of after issuing a decision, a hearing officer may request that the full board review a decision of the hearing officer if the decision involves an issue that is of significance to the operation of the workers' compensation system. There may be no such review of findings of fact made by a hearing officer.

If a hearing officer asks for review, the time for appeal to the Law Court pursuant to section 322 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. 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.

Upon the approval of a majority of the members of the board, the request for review may be granted. 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.__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 majority vote of a majority of the board's membership, the board shall issue a written decision affirming, reversing 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. The If the board fails to adopt a decision by majority vote, the decision of the hearing officer stands if the result of the voting is less than a majority vote and is subject to direct appellate review in the same manner as if the board had not voted to review the decision.

Sec. 14. Transition. The incumbent Executive Director of the Workers' Compensation Board on the effective date of this Act shall serve until a successor is confirmed and takes office. The terms of the incumbent management representative and the incumbent labor representative who have served for the longest