LD 2052
pg. 1
LD 2052 Title Page An Act to Clarify the Application of Workers' Compensation Coverage Requirement... Page 2 of 2
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LR 3336
Item 1

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

 
Sec. 1. 39-A MRSA §102, sub-§11, ¶B-1, as enacted by PL 1999, c. 364,
§2, is amended to read:

 
B-1. "Employee" includes any person engaged in harvesting
forest products, except the following persons, as long as
they meet the criteria for obtaining a certificate of
independent status or a predetermination of independent
contractor status:

 
(1) A person who contracts directly with the landowner
if the person meets the criteria for obtaining a
certificate of independent status or a predetermination
of independent contractor status and:

 
(a) Performs all of the wood harvesting alone;

 
(b) Performs all of the wood harvesting alone or
with the assistance of one or more of the
following persons whose relationship with the
person is that of spouse, parent, sibling, child,
niece or nephew;

 
(c) Performs all of the wood harvesting alone or
with the assistance of one or more other persons
all covered by workers' compensation insurance; or

 
(d) Performs all of the wood harvesting alone or
with the assistance of a partner when a legal
partnership exists and neither partner acts as a
supervisor of the other;

 
(2) A spouse, parent, sibling, child, niece or nephew
of a person who contracts directly with the landowner
to perform all of the wood harvesting alone or with the
assistance of one or more of the following: the
person's spouse, parent, sibling, child, niece or
nephew; or

 
(3) A partner of a person who contracts directly with
the landowner to perform all of the wood harvesting
alone or with the assistance of a partner when a legal
partnership exists and neither partner acts as a
supervisor of the other.

 
Unless employed by a private employer, a person considered an
employee under this paragraph shall obtain personal coverage in
the same manner and under the same provisions as


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