14-Day Rule
Description
Addresses application of Workers' Compensation Board Rule 1.1 regarding responses to Notice of a work injury.
WCB Rule
Rule 1.1
For the unofficial version of the Maine WCB Rules, click here.Addresses application of Workers' Compensation Board Rule 1.1 regarding responses to Notice of a work injury.
Rule 1.1
For the unofficial version of the Maine WCB Rules, click here.Addresses apportionment of liability under Section 354 when two or more occupational injuries occur.
Methods for the determination of pre-injury average weekly wage under Section 102(4)
Addresses issues regarding prompt or late payments of benefits per Section 205
Application of Title 39-A MRSA, Section 312 regarding Board appointed IMEs and the increased weight given to the opinions of such examiners.
Addresses whether injuries arise out of and in the course of employment
Implementation of credits or reductions for Social Security Old Age Benefits and certain employer-funded retirement and disability benefits
Addresses award for benefits to injured worker's estate and dependents, including funeral and other incidental payments
Application of rebuttable presumption in cases of employee death (or inability to testify) that injury is compensable and that employee provided timely notice of injury.
Addresses claims of discrimination by an employer arising from employee testifying or asserting a claim under the Workers' Compensation Act.
Addresses exhaustion of injured worker's elibigility for partial incapacity benefits based on level of whole person impairment rating and receipt of 520 weeks of incapacity benefits.
Who is an employee or an employer under the Workers' Compensation Act?
Eligibility and application of employment rehabilitation provisions
Addresses parties' failure to reasonably pursue petitions
Reviews Administrative Law Judges obligation to make additional findings of fact and conclusions of law following issuance of decree and effect such orders have on appellate review.
Determination of employer-provided pre-injury benefits and their inclusion in determinatino of weekly benefits.
Determination of existence, nature and date of gradual injury
Independent Contractor or Employee? Application of criteria for determination of independent contractor status.
Addresses subject matter and personal jurisdiction over parties.
Addresses whether injury occured because of employment activities.
Procedures and standards for final settlement of claims under the Act
Application of maximum weekly compensation rate.
Interpretation of medical opinions
Cases addressing the evidentiary weight of multiple §207 medical examinations.
Compensability and reasonableness of medical expenses under the Act
The conditions for determining if a mental injury due to work-related stress arose out of and in the course of employment.
Addresses when injured worker's obligation to provide notice of injury arises and whether burden to establish timely notice was met.
Determination and restrictions of benefits in accordance with Section 214
Determination of partial incapacity under Section 213(1)
Determination and order of penalties under Sections 324, 359, 360
Determination of permanent impairment under Section 213(1-A), and application of statute in multiple injury circumstances.
Determination of post-injury earning capacity
Compensability of disability for pre-existing physical conditions under Section 201(4)
Cases that address hearing and appellate procedure
Addressing the application of, and the precedence of, an employee's right to have their former position reinstated in accordance with Title 39-A MRSA Section 218.
Addresses standard for reopening decisions under Section 319 based on newly discovered evidence.
Effect of final decision in subsequent proceedings and requirements for establishing a change in medical or economic circumstances
Determination and restrictions of benefits in accordance with Section 214
Standards of determining whether legislative changes are applicable to pending proceedings and dates of injury preceding enactment
Application of two-year statute of limitations and six-year statute of repose under Section 306
Standards applied by Administrative Law Judge to interpret statutory language, including retroactive application.
Effect of subsequent non-work related injury on compensation payment scheme
Determination and effect of total incapacity under Section 212
Interpretation of work search doctrine including burdens of production and proof and application of Monaghan guidelines