January/February 2002 - Legislation

Legislative Update

As of the end of February, the Maine Legislature had proposed three workers' compensation-related bills, and passed one, in the second regular session.

Bills Enacted

PL 490 (LD 2052) - Wood Harvesting
This bill clarifies that in the wood harvesting industry, an "employee" for workers' compensation purposes includes a person who contracts directly with the landowner and obtains a certificate of independent status or a predetermination of independent contractor status.

Bills Proposed

LD 2052 - Wood Harvesting. Enacted as PL 490, see above.
LD 2053 - Limited Liability
Companies

This bill treats limited liability companies the same way as partnerships in that the parent, spouse or child of an LLC member may waive, in writing, their workers' compensation coverage as long as the waiver is not a prerequisite to employment. Passed, awaiting governor's signature.

LD 2077 - Cancellations
Under this bill, persons in the wood harvesting industry would have to notify their employees and landowners if they are canceling their workers' compensation insurance within three business days of the cancellation. The penalty for noncompliance would be a fine of $50 to $100.

The bill also requires the Workers' Compensation Board to study the enforcement of compensation coverage in the wood harvesting industry and to work with the industry in developing incentives to reduce accidents. A report on these matters would have to be filed by January 15, 2003. In Labor Committee.