S.P. 741 - L.D. 2100
An Act to Allow Workers' Compensation Board Advocates to Prioritize and Decline Cases
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 39-A MRSA §153-A, sub-§§6 and 7 are enacted to read:
6. Case management authority of advocates. An advocate has the authority to:
A. Manage and prioritize the advocate's caseload to efficiently move cases through the board mediation and hearing process and to achieve resolution;
B. With the written approval of the staff attorney, decline cases or cease assistance to an employee when the advocate after investigation finds:
(1) Timely notice of the injury was not given by the employee to the employer, pursuant to this Act;
(2) The statute of limitations has expired;
(3) The employee's case is based on an argument or issue adversely determined by the Supreme Judicial Court;
(4) The employee's case is based on a claim of discrimination governed by section 353;
(5) There is no record of medical assessment stating that the employee's injury was either caused by, aggravated by or precipitated by the employee's work or, when the issue is aggravation, there is no record of medical assessment stating that the employee's work aggravated a preexisting condition in a significant manner; or
(6) The employee has admitted to a fraudulent act, has been convicted of a fraudulent act by a court of competent jurisdiction or has been found to have committed a fraudulent act by the abuse investigation unit of the board; and
C. With the written approval of the staff attorney, present lump-sum settlements on cases pursuant to section 352.
A qualified employee whose case is declined or whose advocate assistance ceases pursuant to this subsection may appeal the action to the executive director of the board, within 30 days of the action. The executive director's ruling on the appeal is final and is not subject to judicial review. If the executive director finds assistance by an advocate should resume, the employee must be assigned to an advocate other than the advocate who declined the case or ceased assistance.
7. Rulemaking. In addition to the case management authority established in subsection 6, the board may establish by rule additional reasons for which the advocates may decline or cease assistance on cases. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter II-A.
Sec. 2. 39-A MRSA §318, as enacted by PL 1991, c. 885, Pt. A, §8 and affected by §§9 to 11, is amended by enacting a new 2nd paragraph to read:
The hearing officer, upon motion by the petitioning party, may include a finding in the decree that the employer's refusal to pay the benefits at issue was not based on any rational grounds developed between the claim and formal hearing. Upon such a finding, the employer shall pay interest to the employee under section 205, subsection 6 at a rate of 25% per annum from the date each payment was due, instead of 10% per annum.
Effective September 18, 1999, unless otherwise indicated.
| Revisor of Statutes Homepage | Subject Index | Search | Laws of Maine | Maine Legislature |
