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PUBLIC LAWS OF MAINE
First Regular Session of the 120th

CHAPTER 103
H.P. 413 - L.D. 534

An Act to Prohibit the Delay in Provisional Payment of Certain Disability Benefits

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

     Sec. 1. 39-A MRSA §222, sub-§1, as enacted by PL 1991, c. 885, Pt. A, §8 and affected by §§9 to 11, is repealed and the following enacted in its place:

     1. No delay of benefits. Payment of benefits due a person under an insured disability plan or insured medical payments plan may not be delayed or refused because that person has filed a workers' compensation claim based on the same personal injury or disease.

     Sec. 2. 39-A MRSA §222, sub-§2, as enacted by PL 1991, c. 885, Pt. A, §8 and affected by §§9 to 11, is amended to read:

     2. Repayment. If an employee a person has received benefits, as described in subsection 1, because of a personal injury or disease and has later prevailed on a workers' compensation claim based on the same personal injury or disease, the value of all such benefits may be offset by the employer or respective insurance carriers against the payments of workers' compensation benefits, and, if the benefits are not offset, the employee person shall repay to the employer or insurer, within 30 days of receiving the initial payment of workers' compensation benefits, the value of all the benefits received under subsection 1.

Effective September 21, 2001, unless otherwise indicated.

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