An Act To Improve Employee Representation under the Maine Workers' Compensation Act of 1992 by Amending the Laws Governing Attorney's Fees
Sec. 1. 39-A MRSA §325, sub-§1, as enacted by PL 1991, c. 885, Pt. A, §8 and affected by §§9 to 11, is amended to read:
Sec. 2. 39-A MRSA §325, sub-§1-A is enacted to read:
For purposes of this subsection, "prevail" means to obtain or retain more compensation or benefits under this Act than were offered to the employee in writing before the proceeding was initiated; or, if no such offer was made, "prevail" means to obtain or retain compensation or benefits under this Act.
Sec. 3. 39-A MRSA §325, sub-§4, as enacted by PL 1991, c. 885, Pt. A, §8 and affected by §§9 to 11, is amended to read:
(1) Medical examination fee and witness fee;
(2) Any other medical witness fee, including cost of subpoena;
(3) Cost of court reporter service; and
(4) Appeal costs ; and .
(1) Ten percent of the first $50,000 of the settlement;
(2) Nine percent of the first $10,000 over $50,000 of the settlement;
(3) Eight percent of the next $10,000 over $50,000 of the settlement;
(4) Seven percent of the next $10,000 over $50,000 of the settlement;
(5) Six percent of the next $10,000 over $50,000 of the settlement; and
(6) Five percent of any amount over $90,000 of the settlement.
SUMMARY
This bill amends the law governing attorney's fees under the Maine Workers' Compensation Act of 1992. The bill:
1. Requires employers to pay reasonable costs and attorney's fees if the employee prevails on a disputed petition for payment of medical and related expenses or if the employee prevails in an appeal that is decided by the Appellate Division or by the Law Court; and
2. Removes language governing the specific computation of attorney's fees for lump-sum settlements.