Organization of the Workers' Compensation Board

ORGANIZATION OF THE WORKERS' COMPENSATION BOARD

As of the date of this edition, The Workers' Compensation Board is comprised of a seven-person board with three labor, three management representatives, and the Board Chair, who is also Executive Director of the Workers' Compensation Board. All administrative and rule making authority for the agency is invested in the Board pursuant to statute. All members of the Board are appointed by the Governor.

Note that the "Board" refers to the governing seven-member "board" and to the name of the agency which that body manages. The orders of individual hearing officers are sometimes referred to (e.g., by the Law Court ) as action by the "Board" but such orders are different from action by "the" Board (i.e., by the whole Board).

Other positions within the agency having a direct bearing on the claims process include:

• Hearing officers: They hold formal hearings and have authority to issue orders respecting claims;
• Employee Advocates: They represent employees without counsel with dates of injury on or after 01/01/93. Advocates represent employees from mediation through hearing and closing arguments;
• Mediators: They do not have authority to issue orders. They attempt to bring about an agreed settlement of disputes before a case may go on to formal hearing;
• Troubleshooters: They process disputes before they are assigned to mediators;
• Executive Director: The administrative director of the agency who serves at the pleasure of the Governor and acts as the seventh member of the Workers' Compensation Board
• Deputy Director of Benefits Administration: Head of the Office of Monitoring, Audit, and Enforcement. He or she provides data to policymakers, monitors and audits payments and filings, and identifies insurers and self-insured entities not in compliance with minimum standards; and
• General Counsel: He or she advises the Board and also serves at its pleasure. The Assistant General Counsel issues orders pursuant to section 324(2) (petitions for penalties for failure to pay benefits when due) (39-A M.R.S.A. §§151, 152, 153).