LD 1541
pg. 1
LD 1541 Title Page An Act to Fund the Workers' Compensation Advocate Program Page 2 of 2
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LR 1406
Item 1

 
Be it enacted by the People of the State of Maine as follows:

 
Sec. 1. 39-A MRSA §153-A, sub-§3, as enacted by PL 1997, c. 486, §4,
is amended to read:

 
3. Advocates. The executive director shall hire advocates
under the authority of section 152, subsection 3, subject to the
Civil Service Law, who must be qualified by experience and
training. The executive director shall hire sufficient advocates
in order to maintain an active caseload of no more than 100 cases
per advocate.

 
A. The minimum qualifications for employment as an advocate
must include at least the following:

 
(1) A 6-year combination of appropriate experience,
education and training in advocacy or dispute
resolution;

 
(2) Knowledge of administrative, adjudicatory or
workers' compensation laws, rules and procedures;

 
(3) Knowledge of legal documents, court procedures and
rules of evidence; and

 
(4) Knowledge of medical and legal terminology and
practices with respect to workers' compensation.

 
B. The board shall ensure that advocates receive appropriate
and ongoing education and training.

 
C. An advocate may not represent before the board any
insurer, self-insurer or 3rd-party administrator for a
period of 2 years after terminating employment with the
board.

 
Sec. 2. 39-A MRSA §154, sub-§6, as amended by PL 1999, c. 359, §1, is
further amended to read:

 
6. Assessment levied. The assessments levied under this
section may not be designed to produce more than $6,000,000 in
revenues annually beginning in the 1995-96 fiscal year, more than
$6,600,000 annually beginning in the 1997-98 fiscal year or, more
than $6,735,000 beginning in the 1999-00 fiscal year or more than
$7,335,000 beginning in fiscal year 2001-02. Assessments
collected that exceed $6,000,000 beginning in the 1995-96 fiscal
year, $6,600,000 beginning in the 1997-98 fiscal year or,
$6,735,000 beginning in the 1999-00 fiscal year or $7,335,000
beginning in fiscal year 2001-02 by a margin of more than 10%
must be refunded to those who paid the assessment. Any amount


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