| | | Be it enacted by the People of the State of Maine as follows: |
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| | | Sec. 1. 39-A MRSA §153-A, sub-§8 is enacted to read: |
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| | | 8.__Advocate Program Fund.__The Advocate Program Fund, | | referred to in this subsection as "the fund," is established | | as a nonlapsing dedicated fund within the board.__Surcharges | | collected pursuant to section 313, subsection 6 and section | | 318-A must be deposited in the fund.__The board shall use 100% | | of the resources in the fund to defray costs associated with | | the advocate program established pursuant to this section. |
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| | | Sec. 2. 39-A MRSA §313, sub-§6 is enacted to read: |
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| | | 6.__Surcharge.__If, at the conclusion of mediation, an | | agreement is reached under which the employee obtains or | | retains more benefits than were offered to the employee by the | | employer prior to the initiation of mediation, the board may | | assess a surcharge against the employer in the amount of $500.__ | | Funds collected pursuant to this subsection must be deposited | | in the Advocate Program Fund, established under section 153-A, | | subsection 8. |
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| | | Sec. 3. 39-A MRSA §318-A is enacted to read: |
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| | | If a hearing officer issues a decision under which an | | employee obtains or retains more benefits than were offered to | | the employee by the employer prior to the initiation of the | | hearing, the board may assess a surcharge in the amount of | | $1,500 against the employer.__Funds collected pursuant to this | | section must be deposited in the Advocate Program Fund, | | established under section 153-A, subsection 8. |
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| | | The purpose of this bill is to encourage resolution of | | workers' compensation disputes prior to mediation and hearing. | | This bill authorizes the Workers' Compensation Board to levy a | | $500 surcharge on an employer if, at the conclusion of | | mediation, the employee obtains or retains more benefits than | | the employer had offered prior to mediation. The bill | | authorizes a $1,500 surcharge on an employer if, at the | | conclusion of the hearing, the employee obtains or retains | | more benefits than the employer had offered prior to hearing. | | Under the bill, these surcharges are deposited in a dedicated | | fund to be used to defray the costs of the workers' | | compensation advocate program. |
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