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Verrill Dana, LLP

Verrill Dana, LLP is one of New England's preeminent regional law firms. With offices in Portland and Augusta, ME; Boston, MA; Westport, CT; Providence, RI; and Washington D.C. Verrill Dana provides sophisticated legal representation to businesses and individuals in the traditional areas of litigation, real estate, business law, labor and employment law, employee benefits, environmental law, intellectual property and estate planning.  The Firm also has industry-focused specialties including higher education, health care and health technology, energy, and timberlands. 

Disclaimer:  The content presented in this blog is for general information only, is not intended to constitute legal advice and cannot be relied upon by any person as legal advice. While we welcome you to contact our blog authors at, the submission of a comment or question does not create an attorney-client relationship between the Firm and you. 

Entries in Workers Compensation (24)



L.D. 1913 represents the first significant amendment of the Maine Workers’ Compensation Act in twenty years, and a much lauded provision of the new law is the amendment of Section 205(9)(B)(2).  As it read prior to amendment, an Employer/Insurer could successfully establish the right to terminate payment of indemnity benefits due to the running of the 520 week period, but be compelled to continue paying indemnity benefits,  Decree notwithstanding, because Section 205(9)(B)(2) specifically directed an employer/insurer to continue paying benefits during the pendency of an appeal.  As one can imagine, ever losing employee appealed the Decree, and so continued the flow of indemnity for as long as it took the Law Court to reject the appeal.

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Workers' Comp Update: A New Labor Member for the Maine Workers’ Compensation Board of Directors 

Ronald P. Green, Jr., of Plymouth, Maine ( a small town about 24 miles south of Bangor) is to be voted on to the Board of Directors of the Maine Workers’ Compensation Board at the April 11, 2012 Board meeting.  He will be replacing Ginette Rivard on the Labor panel of the Board.

Mr. Green is a firefighter with the City of Bangor Fire Department, where he has worked since 1990.  He is active in his union, the International Association of Fire Fighters, currently serving as the 4th District Vice President of the local chapter of the Professional Fire Fighters of Maine.  According to his biography, he has worked on many committees on behalf of his union, has been the Executive Board Chairman, Grievance Chairman, Treasurer and Past President of Local #772.  Interestingly, his term as 4th District Vice President is not set to expire until January of 2013, meaning that he will be active in both capacities, at least for the duration of this year.


Workers' Comp Update: NCCI Proposes Average Premium Rate Decrease for 2012

The National Council on Compensation Insurance ("NCCI") has announced that it is filing with the Maine Bureau of Insurance a proposed average premium rate decrease of 6.9% for 2012.  It had earlier announced a rate reduction of 3.2%, but revised the rate to take into account the promulgated medical fee schedule finally adopted by the Board in December of 2011.  NCCI calculated an additional rate reduction attributable to the newly adopted medical fee schedule projected to be 3.8% , with the resulting overall reduction of 6.9%.


Workers' Comp Update: Changes Afoot For Unemployed Injured Workers

39-A M.R.S.A. §214 has long contained a little-if-ever used provision requiring insurance carriers or self-insureds to notify the Bureau of Employment Services of the name of any injured employee who is unemployed and to whom the insurer or self-insured is paying workers’ compensation benefits.  Executive Director Paul Sighinolfi has recently communicated his intent to begin requiring compliance with this provision, as well as the companion provision directing the Bureau of Employment Services to give priority to finding employment for such persons and to notify the Board, in writing, if any such person refuses a “bona fide offer of reasonable employment.” 

Under Section 214(1), refusal of a “bona fide offer of reasonable employment” subjects the injured worker to the risk of a suspension of indemnity benefits “during the period of refusal”, a fairly significant incentive to encourage workers to return to work.  A group is being organized affiliated with the Workers’ Compensation Coordinating Council to brainstorm ways to ensure the most reasonable and cost-effective application of these provisions, and to avoid any unintended pitfalls for employers and insurers subject to the provisions of the Maine Workers’ Compensation Act.

Stay tuned for more updates on policy and legal changes to Maine's Workers' Compensation laws.


Workers' Comp Update: After Eighteen Long Years, At Last A Medical Fee Schedule That Addresses Hospital Costs

The Maine Workers’ Compensation Board has finally succeeded in crafting a Medical Fee Schedule that addresses the ever-increasing costs of work-related in-patient, out-patient, ambulant care and surgical center costs. 

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We Owe What?!: Workers' Compensation Board Proposes Changes To 14-Day Rule

This week the Board released the text of the proposed amendments to Board Rule 1.1, addressing the “14-Day Rule”.  The changes were prompted by this year’s Law Court decision in Doucette v. Hallsmith/Sysco Food Services, Inc., 2011 ME 68, upholding a  Board award of more than $140,000 in a case where there was no proven incapacity and the employee did not lose work time as a result of his injury.   

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