Sec. 1. 39-A MRSA §212, as enacted by PL 1991, c. 885, Pt. A, §8 and affected by §§9 to 11, is repealed.

Sec. 2. 39-A MRSA §§212-A and 212-B are enacted to read:

§212-A.__Temporary compensation for total and partial incapacity

1.__Temporary total incapacity.__When the incapacity for work resulting from the injury is total, the employer shall pay the injured employee, on a temporary basis, a weekly compensation equal to 80% of the employee's after-tax average weekly wage, but not more than the maximum benefit under section 211.__ Compensation for incapacity must be paid for a temporary period not to exceed the earlier of 52 weeks from the start of the employee's temporary benefits or the date when maximum medical improvement is reached pursuant to section 212-B.__The board may, for good cause, extend the temporary period.

2.__Temporary partial incapacity.__When the incapacity for work is partial, the employer shall pay the injured employee, on a temporary basis, a weekly compensation equal to 80% of the difference between the injured employee's after-tax average weekly wage before the personal injury and the after-tax average weekly wage that the injured employee is able to earn after the injury, but not more than the maximum benefit under section 211.__ Compensation must be paid for a temporary period not to exceed the earlier of 52 weeks from the start of the employee's temporary benefits or the date when maximum medical improvement is reached pursuant to section 212-B.__The board may, for good cause, extend the temporary period.

§212-B.__Permanent compensation for total and partial incapacity

1.__Permanent partial incapacity.__After an employee has received 26 weeks of temporary compensation under section 212-A, subsection 1 or 2, the employee must undergo a medical examination pursuant to section 312.__At the time of exam, the examiner shall determine whether the employee has reached a stage of maximum medical improvement.__If, after 26 weeks, the independent medical examiner appointed pursuant to section 312 determines that the employee has not reached a stage of maximum medical improvement, the examiner shall schedule a follow-up examination based upon the examiner's estimation of when maximum medical improvement will be reached.__In any event, such a follow-up examination may not occur later than 52 weeks from the start of the employee's temporary benefits under section 212-A, subsection 1 or 2.