Sec. 1. 39-A MRSA §212, sub-§§2-A and 4 are enacted to read:

2-A.__Total incapacity lump sum benefit.__For injuries occurring on or after January 1, 1993, when there is a presumption of total incapacity under subsection 2, the employee is entitled to a lump sum payment equal to 800 times 80% of the employee's after-tax average weekly wage subject to the maximum benefit under section 211, in addition to the 800 weeks of benefits required by subsection 2.__This lump sum payment must be made within 120 days of a doctor's certification that the body part was amputated.

4.__Specific loss lump sum benefit.__For injuries occurring on or after January 1, 1993, when there is an actual loss of a body part specified in subsection 3, the employee is entitled to a lump sum payment equal to the number of weeks specified in subsection 3 times 80% of the employee's after-tax average weekly wage,__up to the maximum benefit under section 211, in addition to the weeks of specific loss benefit required by subsection 3.__ This lump sum payment must be made within 120 days of a doctor's certification that the body part was amputated.

Sec. 2. Retroactivity. Notwithstanding the Maine Revised Statutes, Title 1, section 302, this Act applies retroactively to all injuries occurring on or after January 1, 1993.

SUMMARY

This bill amends the Maine Workers' Compensation Act of 1992 to provide a lump sum benefit in addition to the current weekly benefit when the employee's injury is an amputation of a body part. The amount of the lump sum benefit is equal to the amount of the weekly benefit times the period of presumed incapacity.