Maine § 39-A §105 Independent contractor and construction subcontractor status

Maine Statutes

§ 39-A §105 — Independent contractor and construction subcontractor status

Maine·Title 39-A WORKERS' COMPENSATION·Part 1 MAINE WORKERS' COMPENSATION ACT OF 1992·Ch. 1 GENERAL PROVISIONS

1.Independent contractor status. A worker may file with the board, on forms approved by the board, a statement that the worker performs work as an independent contractor. 1-A. Construction subcontractor status. A person, as defined in section 105‑A, subsection 1, paragraph E, may file with the board, on forms approved by the board, a statement that the person performs construction work in a manner that would not make the person an employee of a hiring agent, as defined in section 105‑A, subsection 1, paragraph D.

2.Premium adjustment. If a statement filed with the board pursuant to this section does not withstand board or judicial scrutiny when raised in a subsequent workers' compensation claim, then, depending on the final outcome of that subsequent proceeding, either the workers' compe

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1.
Independent contractor status.
A worker may file with the board, on forms approved by the board, a statement that the worker performs work as an independent contractor.
1-A.
Construction subcontractor status.
A person, as defined in section 105‑A, subsection 1, paragraph E, may file with the board, on forms approved by the board, a statement that the person performs construction work in a manner that would not make the person an employee of a hiring agent, as defined in section 105‑A, subsection 1, paragraph D.
2.
Premium adjustment.
If a statement filed with the board pursuant to this section does not withstand board or judicial scrutiny when raised in a subsequent workers' compensation claim, then, depending on the final outcome of that subsequent proceeding, either the workers' compensation insurance carrier shall return excess premium collected or the employer shall remit premium subsequently due.
3.
Independent contractor and construction subcontractor information.
The board shall post, on its publicly accessible website, information pertaining to independent contractor and construction subcontractor statements filed pursuant to this section.
4.
Hearing.
5.
Certificate.
6.
Rulemaking.
The board is authorized to adopt reasonable rules pursuant to the Maine Administrative Procedure Act to implement the intent of this section, which is to afford speedy and equitable determination of construction subcontractor, as defined in section 105‑A, subsection 1, paragraph B, and independent contractor status.

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Legislative History

PL 1991, c. 885, §A8 (NEW). PL 1991, c. 885, §§A9-11 (AFF). PL 1993, c. 65, §1 (AMD). PL 1993, c. 120, §1 (AMD). PL 1993, c. 120, §6 (AFF). PL 2009, c. 569, §1 (AMD). PL 2013, c. 63, §§4, 5 (AMD). PL 2015, c. 297, §2 (AMD). PL 2023, c. 205, §1 (AMD).