March 2005 - Legislation

As of the first week of March, 11 bills regarding workers' compensation had been presented to the 121st Session of the Maine Legislature. They include two on independent medical examiners (including one in response to Lydon v. Sprinkler Services) and three regarding insurance premiums. No actions have yet been taken on these proposals.

LD 54 - Small Employer Exemption: This bill would provide that employers with six or fewer employees an exemption from coverage under the Act, as long as they provide their employees with health insurance with benefits at least equal to those provided by Dirigo Health Insurance, as well as liability insurance and medical payments coverage.

LD 302 - Examiners: Undert his bill, when the Board assigns an independent medical examiner because the parties could not agree on one, the Board must adopt the examiner's findings, unless there is clear and convincing evidence to the contrary in the record that does not support the medical findings. The intent is to encourage parties to come to agreement on an examiner.

LD 322 - Board Review: This bill extends the time period in which a hearing officer can request full board review of a decision to 25 days, to allow for further findings of fact and conclusions of law. The officer must request review within five days of a decision on the motion for further findings.

LD 540 - Minimum Premiums: This bill would amend the insurance law, Title 24-A MRSA, to prohibits workers' compensation insurers from including a minimum premium as part of their rates.

LD 573 - Unemployment Benefits: This bill amends the unemployment law to require that parties to a workers' compensation lump-sum settlement notify the Department of Labor of the type of payments in the settlement when an employee is also receiving unemployment benefits. The employee's benefits are to be reduced by the amount of indemnity payments in the settlement.

LD 770 - Premium Adjustments: This bill amends the insurance law to require that workers' compensation insurers disclose to employers the basis for scheduled rating and other incentive adjustments to their premiums. It also requires that, upon request when a policy is issued, insurers provide employers with information regarding the status and justification of subrogation decisions during the previous year.

LD 878 - Assignment: This bill allows an employee who receives payment for an injury, from an income protection plan or other contractual agreement, to assign the employee's workers' compensation claim to the third party payor under the plan or agreement. The amount of the assignment is limited to the amount of compensation received in the plan or agreement.

LD 879 - Suspension of Benefits: This bill amends the Act to allow suspension of benefits while an appeal is pending with the Law Court.

LD 881 - Examiner Pool: In response to Lydon v. Sprinkler Services (841 A.2d 793, Me.2004; see prior COMP issue), this bill would prohibit physicians from serving as an independent medical examiner in a case only if they had treated the employee in that case, rather than any employee (as the law currently provides), in the prior 52 weeks. The intent is to expand the pool of physicians eligible to be examiners.

LD 996 (emergency) - Medical Expenses Study: This bill creates a commission to study medical expenses under the Act of 1992, with a report to be completed by the next legislative session. The commission would include representatives from the Maine House and Senate, business, labor, and the health care industry.

LD 1046 - Seasonal Business Premiums: This bill requires compensation carriers to establish lower premiums for seasonal businesses.