An Act To Clarify the Construction Subcontractor Status of the Maine Workers' Compensation Act of 1992
Emergency preamble. Whereas, acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, in order to ensure a smooth transition for the predetermination of the employment status of construction subcontractors certain changes in the law must be put into effect as soon as possible; and
Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,
Sec. 1. 39-A MRSA §105, as amended by PL 1993, c. 65, §1 and c. 120, §1 and affected by §6, is further amended to read:
§ 105. Predetermination of independent contractor and construction subcontractor status
Sec. 2. Implementation. The Workers’ Compensation Board shall implement the provisions of this Act by updating the predetermination application using existing departmental personnel and resources. The Workers’ Compensation Board shall submit the predetermination application for review by the Joint Standing Committee on Labor by March 10, 2010.
Sec. 3. Appropriations and allocations. The following appropriations and allocations are made.
WORKERS' COMPENSATION BOARD
Administration - Workers' Compensation Board 0183
Initiative: Allocates funds to enhance enforcement of laws prohibiting the misclassification of workers by the Workers' Compensation Board Abuse Investigation Unit by providing a range change from 24 to 27 for 2 Workers' Compensation Specialist positions and reclassifying one Secretary Legal range 13 position to a Paralegal range 20 position.
|OTHER SPECIAL REVENUE FUNDS||2009-10||2010-11|
|OTHER SPECIAL REVENUE FUNDS TOTAL||$5,443||$21,769|
Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect when approved.
Pursuant to Public Law 2009, chapter 452, this bill clarifies construction subcontractor status for purposes of the Maine Workers’ Compensation Act of 1992 by making the predetermination status valid for one year. The predetermination creates a rebuttable presumption that the determination is correct in any later claim for benefits under the Maine Workers’ Compensation Act of 1992. The bill does not require a worker, an employer or workers' compensation insurance carrier to request predetermination. The bill directs the Workers’ Compensation Board to update the predetermination application, within existing resources, and submit it for review by the Joint Standing Committee on Labor. The bill also includes an appropriations and allocations section.