2009 LD’s
LD 27 An Act To Amend the Definition of Employment for Purposes of Unemployment Compensation
SUMMARY
Under current law, an employment relationship exists and unemployment insurance coverage is required unless all three parts of the so-called “ABC test" can be demonstrated. This bill limits application of the ABC test to situations in which the individual has performed services for a total of no less than 16 hours.
Work Session February 5, 2009: ONTP
The WCCC took no position on this bill, but the definition of employment relates to workers’ compensation.
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LD 176 An Act To Equitably Adjust the Workers’ Compensation Board’s Assessment (Presented by Senator BARTLETT of Cumberland. Cosponsored by Representative TUTTLE of Sanford and Senators GERZOFSKY of Cumberland, JACKSON of Aroostook, MILLS P of Somerset, President MITCHELL E of Kennebec, Representatives CLARK H of Millinocket, DRISCOLL of Westbrook, WATSON of Bath.)
Be it enacted by the People of the State of Maine as follows:
SUMMARY
This bill requires the Workers’ Compensation Board to use collections that exceed the maximum assessment by more than 10% to reduce the assessment on insured employers.
Public Hearing : March 12, 2009
Work Session: March 23 1:00 PM voted Ought to Pass
Passed to be enacted 5/5/09
The WCCC supported this bill.
LD 322 An Act to Clarify the Prohibition on Pyament for Health Care Facility Mistakes or Preventable Adverse Events. (Presented by Representative CROCKETT P of Augusta. Cosponsored by Senator BOWMAN of York and Senators RAYE of Washington, SIMPSON of Androscoggin, Representatives BLANCHARD of Old Town, JONES of Mount Vernon, MILLER of Somerville, PERRY A of Calais, PRIEST of Brunswick, WHEELER of Kittery)
This bill clarifies that an employer, as defined under the Maine Workers' Compensation Act of 1992, may not be charged by a health care facility to correct a mistake or preventable adverse event caused by that health care facility.
Public Hearing March 3, 2009 Work Session March 4, 2009 U-OTP
The WCCC testified in favor of this bill.
PL 2009 Ch 31 as of 4/16/09
http://www.mainelegislature.org/legis/bills/bills_124th/billtexts/HP025801.asp
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LD 578: An Act Regarding Repayment of Subrogation or Lien Claims in Workers’ Compensation Actions (Rep. Watson)
http://www.mainelegislature.org/legis/bills/bills_124th/billtexts/HP041601.asp
Sec. 1. 39-A MRSA §107, as enacted by PL 1991, c. 885, Pt. A, §8 and affected by §§9 to 11, is amended by adding after the 3rd paragraph a new paragraph to read:
When recovery from a 3rd party is compromised or limited such that repayment of any lien or subrogation interest would constitute a hardship on the employee, that lien or subrogation interest must be reduced in the proportion that the settlement or judgment bears to the evaluation of the employee’s total cognizable damages at law. Any such reduction must be based on a determination that the reduction would be equitable.
SUMMARY
This bill amends the laws governing workers’ compensation to provide for the reduction of any lien or subrogation interest when recovery from a 3rd party is so limited that repayment of the lien or subrogation interest would constitute a hardship on the employee.
Public Hearing : March 12, 2009
Work Session: March 23 1:00 PM voted Ought Not to Pass
The WCCC is concerned about this bill.
LD 579 An Act To Provide Wraparound Medical Coverage in the Workers’ Compensation System (Rep Elizabeth Miller of Somerville) )
CONCEPT DRAFT SUMMARY
This bill is a concept draft pursuant to Joint Rule 208.
This bill proposes to establish an integrated health insurance program that incorporates health coverage provided by Dirigo Health into the workers’ compensation system.
Public Hearing : March 12, 2009
Work Session: March 23 1:00 PM voted Ought Not to Pass
WCCC : Until the bill is developed, there are many unanswered questions.
LD 617: An Act To Amend the Maine Workers’ Compensation Act of 1992 To Remove Independent Medical Examiners (Presented by Senator GERZOFSKY of Cumberland. Cosponsored by Speaker PINGREE of North Haven and Senators BARTLETT of Cumberland, JACKSON of Aroostook, MARRACHE of Kennebec, Representative BERRY of Bowdoinham. http://www.mainelegislature.org/legis/bills/bills_124th/billtexts/SP023201.asp
This bill removes the independent medical examiner system from the Maine Workers’ Compensation Act of 1992.
Public Hearing : March 12, 2009
Work Session: March 23 1:00 PM TABLED
4 /15/09 Senate Pursuant to Joint Rule 310.3 Placed in Legislative Files (DEAD)
The WCCC: the IME system should be improved but not eliminated.
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LD 620: An Act To Ensure the Workers' Compensation Board's Regulatory Oversight of the Maine Insurance Guaranty Association (Presented by Senator BARTLETT of Cumberland. Cosponsored by Representative TUTTLE of Sanford and Senators BRYANT B of Oxford, JACKSON of Aroostook, President MITCHELL E of Kennebec, Representatives BUTTERFIELD of Bangor, DRISCOLL of Westbrook, Speaker PINGREE of North Haven.) http://www.mainelegislature.org/legis/bills/bills_124th/billtexts/SP023601.asp
This bill ensures that the Maine Insurance Guaranty Association is responsible for all penalties under the Maine Workers’ Compensation Act of 1992 and any rules adopted pursuant to the Maine Workers’ Compensation Act of 1992 with the exception of the penalty under the Maine Revised Statutes, Title 39-A, section 359, subsection 2.
Public Hearing : March 12, 2009
Work Session: March 23 1:00 PM Tabled to April 6, 2009 when Seantor Mills suggested an amendment that improved the bill. Voted Ought to Pass pending review of the language.
The WCCC supported MIGA’s concerns about suggestions that were omitted in the language of the bill.
Apr 21, 2009, OTP-AM
The amendment specifies that the Maine Insurance Guaranty Association, or "association," must employ Maine licensed adjusters in the handling of claims. The amendment prohibits the imposition of penalties if the association is unable, in the exercise of reasonable diligence, to obtain the records of an insolvent insurer or was prevented from complying with the Maine Workers' Compensation Act of 1992 through no fault of its own. The amendment also makes clear that any acts or omissions by the association prior to the effective date of this legislation are not governed by the provisions of this legislation.
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LD 621 An Act Allowing Workers' Compensation Benefits for Firefighters Who Contract Cancer (Presented by Senator BARTLETT of Cumberland. Cosponsored by Speaker PINGREE of North Haven and Senators COURTNEY of York, JACKSON of Aroostook, MCCORMICK of Kennebec, Representatives CAMPBELL of Newfield, FLETCHER of Winslow, LAJOIE of Lewiston, PRATT of Eddington, RUSSELL of Portland.)
This bill creates a rebuttable presumption under the Maine Workers' Compensation Act of 1992 that a firefighter who contracts cancer contracted the disease in the course of employment as a firefighter if the firefighter, during the time of that firefighter's employment, received a test for cancer that failed to detect the cancer. This bill makes the last employer for whom the firefighter worked at the time of the last exposure to the risk of cancer and that employer's insurer liable for the cancer.
Public Hearing: March 19, 2009
Work Session: April 6, 2009 Tabled to allow Sen. Mills and Rep. Cushing to draft an amendment.
VOTED, 4/28/09 Majority OTP-AM)
There is a fiscal note.
Final amendment that was adopted by the Senate 5/12 and the House 5/19: : This amendment amends the committee amendment. Like the bill as amended by Committee Amendment "A," this amendment maintains the rebuttable presumption under the Maine Workers' Compensation Act of 1992 that a firefighter who contracts cancer contracted the disease in the course of employment as a firefighter if the firefighter, during the time of that firefighter's employment, received a test for cancer that failed to detect cancer. Unlike the bill as amended by Committee Amendment "A," this amendment limits the definition of "cancer" and adds a definition of "test" to the list of definitions and specifies that the firefighter must have been a firefighter for at least 10 years and have been directly exposed to heat, smoke and radiation in at least 200 fires, must show that the diagnosed cancer is not prevalent among the firefighter's parents, grandparents and siblings and must show that the firefighter has not had substantial lifetime exposure to carcinogens associated with the cancer outside of firefighting.
The amendment clarifies that substantial exposure to the risk of cancer arises from having fought at least 30 fires requiring the firefighter's direct exposure to heat, smoke and radiation. The amendment reduces the time limit in which the presumption arises from 20 years from the firefighter's last active employment as a firefighter to 10 years.
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LD 639: An Act Regarding the Computation of Workers' Compensation Rates Based on Past Claims
SUMMARY
Under current law, an employer is placed in a high-risk pool if the employer has at least 2 lost-time claims, each greater than $10,000 of incurred loss during the previous 3-year experience rating period. This bill increases the incurred loss amount from $10,000 to $40,000.
Public Hearing April 23, 2009
Work Session May 4, 2009 ONTP
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LD 946: An Act to Reverse the Effect of Grant. v. Central Maine Power, Inc. on Workers’ Compensation: sponsored by Representative Andre Cushing
http://www.mainelegislature.org/legis/bills/bills_124th/billtexts/HP064901.asp
The purpose of this bill is to address the issue identified in Grant v. Central Maine Power, Inc., 2003 ME 96, 828 A.2d 800 by amending the Maine Workers' Compensation Act of 1992 to permit an employer to reduce weekly benefits by the amount of earnings paid by an employer that is not liable or responsible for paying the weekly benefits.
The WCCC supports this bill.
Public Hearing April 23, 2009
Work Session: May 4, 2009, May 7 and May13. OTP –A (employer must have proof of earnings, and, if the job doesn’t work out, indemnity payments resume.)
The Labor Committee turned to interested parties to work through this bill in conjunction with LD 1384. The final products are satisfactory.
This amendment clarifies that earnings may be discontinued or reduced by the actual substantiated amount paid to the employee during the 21-day period if the employer files the evidence of payment with the Workers' Compensation Board for the time during which an employee was actually paid by the employer.
Adopted by the House on May 26, and by the Senate May 28. Passed to be enacted June 2, 2009.
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LD 1004: "An Act Relating to Self-insurance" Sponsored By: Representative RICHARDSON of Warren; Cosponsored By: Representative BECK of Waterville; Senator BOWMAN of York; Representative FOSSEL of Alna ; Representative GOODE of Bangor; Senator McCORMICK of Kennebec
http://www.mainelegislature.org/legis/bills/bills_124th/billtexts/HP069201.asp
This bill amends the laws relating to group self-insurance reinsurance accounts to clarify that individual self-insurers authorized under Maine law and group self-insurers authorized under the laws of other states may participate in the account. This relates to re-insurance.
Public Hearing Insurance and Financial Services: March 31, 2009
Work Session: April 7, 2009 (Interested parties have met with the governor, and he will not oppose this bill.) OTP-A
The amendment makes changes to the laws relating to group self-insurance reinsurance accounts to:
1. Authorize individual self-insurers authorized under Maine law to participate in an account; and
2. Authorize the formation of a protected cell mechanism under which group self-insurers authorized under the laws of other states may participate in an account, similar to the structure currently provided for in the National Association of Insurance Commissioners Protected Cell Company Model Act and in the Maine Revised Statutes, Title 24-A, section 784-A.
The amendment also adds an appropriations and allocations section.
Passed to be enacted 5/26/09
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LD 1109: An Act to Prohibit the Reduction of Benefits under the Maine Workers’ Compensation Act of 1992 for Certain Prior Injuries.
http://www.mainelegislature.org/legis/bills/bills_124th/billtexts/HP076401.asp
This bill is in response to the Maine Supreme Judicial Court's decision in Legassie v. Securitas, Inc., 2008 ME 43, 944 A.2d 495. The decision in that case authorized a reduction to an injured worker's wage replacement and medical benefits because of a previously settled workers' compensation claim. This bill specifies that reducing an injured worker's benefits because of a prior settled injury is direct apportionment against the employee and is prohibited.
This bill also clarifies the applicability of the Maine Supreme Judicial Court's decision in Cust v. University of Maine, 2001 ME 29, 766 A.2d 566. This bill specifies that when an injured worker's permanent impairment rating under the Maine Revised Statutes, Title 39-A, section 213, subsection 1-A is above the applicable threshold on account of a single injury or the sum of multiple injuries, all of the worker's weekly benefits under the Maine Workers' Compensation Act of 1992 are exempt from the durational limit of Title 39-A, section 213, subsection 1.
[The difference between LD 1109 and LD 1384 is that LD 1384 makes the change retroactive. ]
LD 1109 has been withdrawn. DEAD
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LD 1384: An Act To Clarify Apportionment of Benefits for Multiple Work Injuries Sponsored by Sen Gerzofsky; co-sponsored by Rep Watson, Sen. Bartlett, Sen. Jackson, Rep. Clark, and Rep Driscoll.
http://janus.state.me.us/legis/LawMakerWeb/summary.asp?ID=280032528
This bill is in response to the Maine Supreme Judicial Court's decision in Legassie v. Securitas, Inc., 2008 ME 43, 944 A.2d 495. The decision in that case authorized a reduction to an injured worker's wage replacement and medical benefits because of a previously settled workers' compensation claim. This bill specifies that reducing an injured worker's benefits because of a prior settled injury is direct apportionment against the employee and is prohibited.
This bill also clarifies the applicability of the Maine Supreme Judicial Court's decision in Cust v. University of Maine, 2001 ME 29, 766 A.2d 566. This bill specifies that when an injured worker's permanent impairment rating under the Maine Revised Statutes, Title 39-A, section 213, subsection 1-A is above the applicable threshold on account of a single injury or the sum of multiple injuries, all of the worker's weekly benefits under the Maine Workers' Compensation Act of 1992 are exempt from the durational limit of Title 39-A, section 213, subsection 1.
This bill also clarifies that Title 39-A, section 354 applies to all injuries no matter when the injury occurred. [LD 1384 is like LD 1109 except that it adds retroactivity.]
Public Hearing: 4/23/09
Work Sessions: 5/4/09, May 7 and May 13 OTP-A
The Labor Committee turned to interested parties to work through this bill in conjunction with LD 946. The final products are satisfactory.
Passed to be enacted June 2, 2009
The amendment clarifies that there will be no reduction of an employee's entitlement to any workers' compensation benefits based on the lump sum settlement of a prior work-related injury.
It was adopted by the Senate on May 26 and the House on May 27.
LD 1456 An Act To Ensure That Construction Workers Are Protected by Workers' Compensation Insurance (sponsored by Rep. John Martin. Of ‘Eagle Lake. Also Sen. Jackson, Aroostook, Sen. Mills, Sen. Simpson, Rep Cushing, Speaker Pingree.
SUMMARY
This bill provides that, beginning January 1, 2010, a person performing construction work on a construction site for a hiring agent presumed to be an employee of the hiring agent for purposes of workers' compensation, unless the person either meets the definition of "construction subcontractor" or carries workers' compensation insurance.
Public Hearing May 6 at 1 PM.
Work Session: May 11, 2009 also May 13, May 14 and May 20, 2009 and May 27, 2009 OTP- Amended (amendment not available on the website at this time.) The first amendment requires a general contractor on a project undertaken with public funds to provide the public agency with a list of independent contractors and subcontractors on the job site and the names of their workers' compensation insurers. The list must be posted on the contracting agency's publicly accessible website and updated as needed. The amendment establishes penalties for noncompliance with this provision.
The amendment provides an exception from the employee presumption for a person who owns or leases equipment and operates that equipment on a construction site. The amendment also requires a report from the Workers' Compensation Board and the Department of Labor, by December 15, 2009, to the Joint Standing Committee on Labor. Upon review of the report, the committee may report out a bill to the Second Regular Session of the 124th Legislature.
(The WCB report will include the fiscal impact on the WCB since coverage issues are handled by WCB staff, and the demand on staff time has increased dramatically. )
The other amendment changes "curb weight" to "gross vehicle weight rating" for a truck that is used for construction work in determining whether the person using the truck is considered the owner for purposes of workers' compensation insurance.
June 10 passage.