Sec. 1. 39-A MRSA §213, sub-§1, as amended by PL 2001, c. 712, §1 and affected by §6, is further amended to read:

1. Benefit and duration. While the incapacity for work is partial, the employer shall pay the injured employee a weekly compensation equal to 80% of the difference between the injured employee's after-tax average weekly wage before the personal injury and the after-tax average weekly wage that the injured employee is able to earn after the injury, but not more than the maximum benefit under section 211. Compensation must be paid for the duration of the disability if the employee's permanent impairment, determined according to subsection 1-A and the impairment guidelines adopted by the board pursuant to section 153, subsection 8 resulting from the personal injury is in excess of 15% to the body. In all other cases an employee is not eligible to receive compensation under this section after the employee has received 260 weeks of compensation under section 212, subsection 1, this section or both. The board may in the exercise of its discretion extend the duration of benefit entitlement beyond 260 weeks in cases involving extreme financial hardship due to inability to return to gainful employment. This authority may not be delegated to a hearing officer or a tribunal of hearing officers as approved by the board, and such decisions must be made expeditiously.

SUMMARY

This bill allows the Workers' Compensation Board to delegate to hearing officers authority to hear and decide cases involving a request for an extension of benefits due to extreme financial hardship due to inability to return to gainful employment.