An Act To Amend the Workers' Compensation Laws as They Pertain to Employee Representation
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 39-A MRSA §311, sub-§1, ¶¶E and F, as enacted by PL 1991, c. 885, Pt. A, §8 and affected by §§9 to 11, are amended to read:
E. The taking of unfair advantage of an employee's physical, mental or economic problems or shortcomings; and
F. Interrogations or investigations conducted under such circumstances as to be severely intimidating to the employee . ; and
Sec. 2. 39-A MRSA §311, sub-§1, ¶G is enacted to read:
G. Continued questioning by an investigator, employer or employer's representative of an employee after that employee requests that a representative of the employee's choice be present during the questioning and that request is denied; this paragraph applies, without limitation, to questions regarding the employee's ability to work and job modifications.
SUMMARY
This bill expands the list of statements that are inadmissible in proceedings under the Maine Workers' Compensation Act of 1992 to include statements obtained after continued questioning of an employee by an investigator, employer or an employer's representative after that employee's request to have a representative of the employee's choice present has been denied.