§ 39-A §102 — Definitions

As used in this Part, unless the context otherwise indicates, the following terms have the following meanings.
1.
After-tax average weekly wage.
"After-tax average weekly wage" means average weekly wage, as defined in subsection 4, reduced by the prorated weekly amount that would have been paid under the Federal Insurance Contributions Act, 26 United States Code, Sections 3101 to 3126, state income tax and federal income tax calculated on an annual basis, using as the number of exemptions the disabled employee's dependents plus the employee, and without excess itemized deductions. Effective January 1, 1993 and each January 1st until and including January 1, 2012, the applicable federal and state laws in effect on the preceding July 1st are used in determining the after-tax weekly wage. Each December 1st until and including December 1, 2011, the board shall publish tables of the average weekly wage and 80% of after-tax average weekly wage that will take effect on the following January 1st. These tables are conclusive for the purpose of converting an average weekly wage into 80% of after-tax average weekly wage.
2.
Agriculture.
"Agriculture" means the operation of farm premises, including:
3.
Aquaculture.
"Aquaculture" means the commercial production of cultured fish, shellfish, seaweed or other marine plants for human and animal consumption, including:
4.
Average weekly wages or average weekly wages, earnings or salary.
The term "average weekly wages" or "average weekly wages, earnings or salary" is defined as follows.
5.
Board; board member.
"Board" means the Workers' Compensation Board created by section 151 and includes a designee of the board. "Board member" means any member of the board, including the executive director.
6.
Community.
"Community" means the area within a 75-mile radius of an employee's residence or the actual distance from an employee's normal work location to the employee's residence at the time of an employee's injury, whichever is greater.
7.
Compensation payment scheme.
"Compensation payment scheme" means the procedure whereby an employer is required to provide compensation or other benefits under this Act to an employee. "Compensation payment scheme" includes a decree of the board, payment under the early-pay system provided in former Title 39, section 51‑B and, in case of injuries prior to January 1, 1984, an approved agreement.
8.
Dependent.
"Dependent" means a member of an employee's family or that employee's next of kin who is wholly or partly dependent upon the earnings of the employee for support at the time of the injury. The following persons are conclusively presumed to be wholly dependent for support upon a deceased employee:
9.
Dependent of another person.
For purposes of the payment or the termination of compensation under section 215, "dependent of another person" means a widow or widower of a deceased employee that over 1/2 of that person's support during a calendar year was provided by the other person.
10.
Design professional.
"Design professional" means:
11.
Employee.
The term "employee" is defined as follows.
12.
Employer.
The term "employer" includes:
12-A.
Harvesting forest products.
"Harvesting forest products" means to sever and remove standing trees from a forest as a raw material for commercial purposes. "Forest products" has the same meaning as in Title 12, section 8881, subsection 3.
13.
Independent contractor.
13-A.
Independent contractor.
A person who performs services for remuneration is presumed to be an employee unless the employing unit proves that the person is free from the essential direction and control of the employing unit, both under the person's contract of service and in fact and the person meets specific criteria. In order for a person to be an independent contractor:
14.
Insurance company.
"Insurance company" means any casualty insurance company or association authorized to do business in this State that may issue policies conforming to subsection 19 and includes the Maine Employers' Mutual Insurance Company. Whenever in this Act relating to procedure the words "insurance company" or "insurer" are used they apply only to cases in which the employer has secured the payment of compensation and other benefits by insuring such payment under a workers' compensation insurance policy, instead of furnishing satisfactory proof of the employer's ability to pay compensation and benefits directly to the employer's employees.
15.
Maximum medical improvement.
"Maximum medical improvement" means the date after which further recovery and further restoration of function can no longer be reasonably anticipated, based upon reasonable medical probability.
16.
Permanent impairment.
"Permanent impairment" means any anatomic or functional abnormality or loss existing after the date of maximum medical improvement that results from the injury.
17.
Private employer.
"Private employer" includes corporations, including professional corporations, partnerships and natural persons. Any agricultural employer otherwise included under this Act is not included when harvesting 150 cords of wood or less each year from farm wood lots, provided that, in order to qualify for this exemption, the employer must be covered by an employer's liability insurance policy with total limits of not less than $25,000 and medical payment coverage of not less than $5,000.
18.
Representatives.
"Representatives" includes executors and administrators.
19.
Workers' compensation insurance policy.
"Workers' compensation insurance policy" means a policy in such form as the Superintendent of Insurance approves, issued by any stock or mutual casualty insurance company or association that may now or hereafter be authorized to do business in this State, which in substance and effect guarantees the payment of the compensation, medical benefits and expenses of burial provided for, in such installment, at such time or times, and to such person or persons and upon such conditions as in this Act provided. Whenever a copy of a policy is filed, a copy certified by the Superintendent of Insurance is admissible as evidence in any legal proceeding wherein the original would be admissible.

Legislative History

PL 1991, c. 885, §A8 (NEW). PL 1991, c. 885, §§A9-11 (AFF). PL 1993, c. 209, §1 (AMD). PL 1995, c. 560, §G21 (AMD). PL 1995, c. 560, §G29 (AFF). PL 1997, c. 600, §§3,4 (AMD). PL 1999, c. 201, §1 (AMD). PL 1999, c. 201, §2 (AFF). PL 1999, c. 364, §§1-3 (AMD). PL 2001, c. 235, §1 (AMD). PL 2001, c. 490, §1 (AMD). PL 2001, c. 518, §§1,2 (AMD). PL 2001, c. 710, §18 (AMD). PL 2001, c. 710, §19 (AFF). PL 2003, c. 344, §D27 (AMD). PL 2003, c. 423, §4 (AMD). PL 2003, c. 423, §5 (AFF). PL 2003, c. 437, §1 (AMD). PL 2003, c. 489, §2 (AMD). PL 2003, c. 608, §4 (AMD). PL 2007, c. 350, §§1, 2 (AMD). PL 2009, c. 142, §17 (AMD). PL 2009, c. 452, §§3, 4 (AMD). PL 2009, c. 529, §4 (AMD). PL 2011, c. 643, §§7, 8 (AMD). PL 2011, c. 643, §14 (AFF). PL 2011, c. 678, Pt. C, §§9, 10 (AMD). PL 2013, c. 63, §§1-3 (AMD). PL 2013, c. 111, §1 (AMD). PL 2013, c. 111, §2 (AFF). PL 2013, c. 133, §35 (AMD). PL 2019, c. 344, §1 (AMD). PL 2021, c. 567, §§44-47 (AMD).