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employee or other interested party may file a petition is 6 years | | from the date of that decree, report or agreement. |
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| | | 4.__Physical or mental incapacity.__If an employee is unable | | to file a petition because of physical or mental incapacity, the | | period of that incapacity is not included in the limitations | | periods provided in this section. |
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| | | 5.__Mistake of fact.__If an employee fails to file a petition | | within the limitations periods provided in this section because | | of mistake of fact as to the cause or nature of the injury, the | | employee may file a petition within a reasonable time. |
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| | | 6.__Death of employee.__If an employee dies, the limitations | | periods provided in this section are extended by one year from | | the date of that death. |
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| | | Sec. 8. 39-A MRSA §313, sub-§1, as enacted by PL 1991, c. 885, Pt. A, | | §8 and affected by §§9 to 11, is amended to read: |
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| | | 1. Procedure. Upon | | subsection 9, paragraph D, upon filing of notice of controversy | | or other indication of controversy, the matter must be referred | | by the board to mediation. |
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| | | Sec. 9. 39-A MRSA §324, sub-§3, ¶B, as enacted by PL 1991, c. 885, Pt. | | A, §8 and affected by §§9 to 11, is amended to read: |
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| | | B. The employer is liable to pay a civil penalty of up to | $10,000, | | calculated using Maine Employers' Mutual Insurance Company's | | standard discounted standard premium, that should have been | | paid during the period the employer failed to secure | | coverage, whichever is larger, payable to the Employment | | Rehabilitation Fund. |
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| | | Sec. 10. 39-A MRSA §354, sub-§3, as enacted by PL 1991, c. 885, Pt. A, | | §8 and affected by §§9 to 11, is amended to read: |
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| | | 3. Subrogation. Any insurer determined to be liable for | | benefits under subsection 2 must be subrogated to the employee's | | rights under this Act for all benefits the insurer has paid and | for which another insurer may be liable. Any such insurer may, in | accordance with rules adopted by the Superintendent of Insurance, | file a request for appointment of an arbitrator to determine | apportionment of liability among the responsible insurers. The | arbitrator's decision is limited to a choice between the | submissions of the parties and may not be calculated by | averaging. Within 30 days of the request, the Superintendent of | Insurance shall appoint a neutral arbitrator who shall decide, in |
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