Sec. 1. 39-A MRSA §318, 2nd ¶, as enacted by 1999, c. 410, §2, is amended to read:

The hearing officer, upon motion by the petitioning party, may include a finding in the decree that the employer's refusal to pay the benefits at issue was not based on any rational reasonable grounds developed between the claim and formal hearing. Upon such a finding, the hearing officer shall order the employer to reimburse the employee for reasonable attorney's fees and costs incurred in obtaining the medical benefits at issue and the employer shall pay interest to the employee under section 205, subsection 6 at a rate of 25% per annum from the date each payment was due, instead of 10% per annum.

SUMMARY

This bill requires a workers' compensation hearing officer to order an employer to pay reasonable attorney's fees and costs incurred by an employee if the hearing officer finds that the employer's refusal to pay medical benefits was not based on any reasonable grounds.