(3) The defendant intentionally or knowingly disabled or removed a safety device required by any of the safety standards referenced in section 643 or in conscious disregard of the requirements of that section failed to provide a safety device required by any of the safety standards, and, as a result of the disablement, removal or failure to provide a safety device, the forestry worker represented in the action under this subsection suffered bodily injury or death.

C. Notwithstanding paragraph A, if a worker is entitled to receive benefits under Title 39-A for lost wages, medical expenses or death benefits, Title 39-A is the exclusive remedy for those losses and those losses may not be recovered under this subchapter.__This paragraph does not preclude recovery of statutory damages or equitable relief under paragraph A or B as long as the recovery or relief does not directly or indirectly expand, alter or affect rights or recovery under Title 39-A.

(1)__If it is determined in any proceeding brought under Title 39-A, or in any judicial review of that proceeding, that Title 39-A does not apply to a claim for lost wages, bodily injury or death brought under Title 39-A by a forestry worker, the statute of limitations for bringing an action under this subchapter for actual damages for the lost wages, bodily injury or death is tolled for the period during which the claim under Title 39-A and any judicial review of that claim were pending.

(2) The statute of limitations for an action under this subchapter for other actual damages, statutory damages or equitable relief arising out of the same transaction or occurrence as the injury or death that was the subject of the claim under Title 39-A is also tolled for the period during which the claim under Title 39-A and any judicial review of that claim were pending.

SUMMARY