Sec. 5. 39-A MRSA §321, sub-§1, as enacted by PL 1991, c. 885, Pt. A, §8 and affected by §§9 to 11, is amended to read:

1. Agreements. Upon the petition of either party at any time, the board may annul any agreement that has been approved by the board if it finds that the agreement has been entered into through mistake of fact by the petitioner or through fraud. Except in the case of fraud on the part of the employee, an employee is not barred by any time limit from filing a petition to have the matters covered by the agreement determined in accordance with this Act as though the agreement had not been approved. A hearing on a petition filed under this subsection must be held within 7 days of the filing of the petition with at least 3 days' notice given to all parties or to the attorney of record for each party.

Sec. 6. 39-A MRSA §324, sub-§1, as enacted by PL 1991, c. 885, Pt. A, §8 and affected by §§9 to 11, is amended to read:

1. Order or decision. The employer or insurance carrier shall make compensation payments within 10 7 days after the receipt of notice of an approved agreement for payment of compensation or within 10 7 days after any order or decision of the board awarding compensation. If the board enters a decision awarding compensation and an appeal is filed with the Law Court pursuant to section 322, payments may not be suspended while the appeal is pending. The employer or insurer may recover from an employee payments made pending appeal to the Law Court if and to the extent that the Law Court has decided that the employee was not entitled to the compensation paid. The board has full jurisdiction to determine the amount of overpayment, if any, and the amount and schedule of repayment, if any. The board, in determining whether or not repayment should be made and the extent and schedule of repayment, shall consider the financial situation of the employee and the employee's family and may not order repayment that would work hardship or injustice.

SUMMARY

This bill speeds up the workers' compensation process by

requiring:

1. Mediation within 7 days of notice of controversy;

2. The mediator to issue the mediation report within 7 days;

3. The Workers' Compensation Board to hold a hearing within 7 days of receipt of the mediator's report;

4. The Workers' Compensation Board to hold a hearing within 7 days of receipt of a petition to reopen the case;

5. The insurance company or employer to begin paying compensation within 7 days of receipt of an approved agreement or order from the Workers' Compensation Board; and

6. The Workers' Compensation Board to maintain a staffed telephone number to provide assistance to employees filing claims.