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Maximum Weekly Benefit

The maximum benefit provision under the 1992 Act is not retroactive to prior dates of injury. Thus, the law regarding maximum benefits that was in effect on the date of injury always applies. The maximum benefit is the maximum weekly compensation amount payable for total or partial compensation or for death benefits. It is based on the adjusted Statewide Average Weekly Wage (SAWW), which is adjusted as of July 1 of each year by the Department of Labor. Regardless of the date that the inflation adjustment would ordinarily be due (see INFLATION ADJUSTMENT), the maximum benefit adjustment is due as of July 1 each year, except for injuries from 06/30/85 to 11/19/87, when it is due on August 1.

The following chart shows the maximum benefit provision in effect for each date of injury:

For Injuries Occurring:

The Maximum Weekly Benefit is:

Before 09/03/65

$42.00

09/03/65 to 09/30/75

100% of the SAWW.

10/01/75 to 06/21/81

100% of SAWW until 7/1/77, then 133 1/3% of SAWW until 7/1/79, 166% of the SAWW until 7/1/1981, then 200% of SAWW thereafter.

06/22/81 to 06/29/85

166 2/3% of SAWW.

06/30/85 to 11/19/87

Held at $447.92 until 7/31/88. Then $447.92 multiplied by the percentage increase in the SAWW over the prior year, calculated as of August 1of each year.

11/20/87 to 12/31/92

Held at $447.92 until 6/30/89. Then $447.92 multiplied by the percentage increase in the SAWW over the prior year.

01/01/93-06/30/99

$441.00

07/01/99

$441.10

07/01/00

$458.83

07/01/01

$471.76
07/01/02 $491.35
07/01/03 $506.42
07/01/04 $523.20
07/01/05 $542.40
07/01/06 $555.34

(39 M.R.S.A. §§53-B, 54, 55, 58 as amended, 39-A M.R.S.A. §211).

Employees with dates of injury on or after 01/01/93 and who are receiving the maximum weekly benefit amount, are entitled to the yearly increases in the maximum weekly benefit rate until they reach 80% of their after tax average weekly wage. Dudley v. Burns & Roe Construction Group.