2.__Benefit and duration.__After an employee reaches a stage of maximum medical improvement, permanent compensation benefits must be paid in accordance with the impairment guidelines adopted by the board pursuant to section 153, subsection 8.__For each one percent of the employee's permanent impairment, the employee is eligible to receive 5 weeks of compensation equal to 80% of the employee's after-tax average weekly wage, but not more than the maximum benefit under section 211, if the incapacity is total or equal to 80% of the difference between the injured employee's 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, if the incapacity is partial.

3.__Permanent total incapacity.__An employee must receive a lump sum payment of $50,000 in the following cases:

A.__Total and permanent loss of sight of both eyes;

B.__Actual loss of both legs or both feet at or above the ankles;

C.__Actual loss of both arms or both hands at or above the wrists;

D.__Actual loss of any 2 of the body parts or faculties in paragraphs A, B and C;

E.__Permanent and complete paralysis of both legs or one leg and one arm;

F.__Incurable insanity or imbecility; and

G.__Permanent and total loss of industrial use of both legs or both hands or both arms or one leg and one arm.

It is conclusively presumed for 520 weeks from the date of injury that the injury resulted in permanent total incapacity and that the employee is unable to perform full-time remunerative work in the ordinary competitive labor market in the State.__After 520 weeks have elapsed, the question of permanent and total incapacity must be determined in accordance with the facts as they then exist, but the weekly benefit may be no less than $200 per week.

Sec. 3. 39-A MRSA §213, as amended by PL 1999, c. 404, §1, is repealed.

Sec. 4. Revisor's review; cross-references. The Revisor of Statutes shall review the Maine Revised Statutes and include in the errors and inconsistencies bill submitted to the Second Regular Session of the 120th Legislature pursuant to Title 1, section 94 any sections necessary to correct and update any cross-references in the statutes to provisions of law repealed in this Act.

SUMMARY

This bill amends the standards pursuant to which temporary and permanent compensation for partial and total incapacity are to be determined.