Sec. 1. 39-A MRSA §325, sub-§6 is enacted to read:

6.__Parity in attorney's fees.__In any proceeding involving a controversy under the Act, the board may assess the employer cost of a reasonable attorney's fee and expenses when the employer is represented by an attorney and the employee prevails.

A.__For purposes of this subsection, "prevail" means to obtain or retain more compensation or benefits under this Act then were offered to the employee by the employer in writing before the proceeding was instituted.__If no such offer was made, "prevail" means to obtain or retain compensation or benefits under the Act.

B.__In any proceeding in which the employer chooses not to be represented by an attorney, the employee is not entitled to attorney's fees and expenses.

C.__This subsection applies to cases in which the injury to the employee occurred on or after January 1, 1993, except that this subsection does not apply to any proceeding concluded before the effective date of this subsection.

SUMMARY

This bill provides parity for assessment of attorney's fees under the Maine Workers' Compensation Act of 1992. Under this bill, if an employee prevails and the employer is represented by an attorney, the employer may be held liable for attorney's fees. If the employer is not represented by an attorney, the employee is not entitled to attorney's fees.