§ 39-A §205 — Benefit payment

Maine § 39-A §205

• Jurisdiction: Maine
• Title 39-A: WORKERS' COMPENSATION
• Part 1: MAINE WORKERS' COMPENSATION ACT OF 1992
• Ch. 5: COMPENSATION AND SERVICES

Text

1.
Prompt and direct payment.
Compensation under this Act must be paid promptly and directly to the person entitled to that compensation at the employee's mailing address, or where the employee designates, without an award, except in cases when there is an ongoing dispute.
2.
Time for payment.
Unless otherwise provided in this subsection, the first payment of compensation for incapacity under section 212 or 213 is due and payable within 14 days after the employer has notice or knowledge of the injury or death, on which date all compensation then accrued must be paid. Subsequent incapacity payments must be made weekly and in a timely fashion. Every insurance carrier, self-insured and group self-insurer shall keep a record of all payments made under this Act and of the time and manner of making the payments and shall furnish reports, based upon these records, to the board as it may reasonably require.
3.
Penalty for delay.
When there is not an ongoing dispute, if weekly compensation benefits or accrued weekly benefits are not paid by the employer or insurance carrier within 30 days after becoming due and payable, $50 per day must be added and paid to the worker for each day over 30 days in which the benefits are not paid. Not more than $1,500 in total may be added pursuant to this subsection. For purposes of ratemaking, daily charges paid under this subsection do not constitute elements of loss. For purposes of this subsection, "employer or insurance carrier" includes the Maine Insurance Guaranty Association under Title 24‑A, chapter 57, subchapter 3.
4.
Payment of bills for medical or health care services.
When there is no ongoing dispute, if bills for medical or health care services are not paid within 30 days after the carrier has received notice of nonpayment by certified mail from the provider of the medical or health care services or, if the bill was paid by the employee, from the employee who paid for the medical or health care services, $50 or the amount of the bill due, whichever is less, must be added and paid to the provider of the medical or health care services or, if the bill was paid by the employee, to the employee who paid for the medical or health care services for each day over 30 days in which the bills for medical or health care services are not paid. Not more than $1,500 in total may be added pursuant to this subsection. For purposes of this subsection, "carrier" includes the Maine Insurance Guaranty Association under Title 24‑A, chapter 57, subchapter 3.
5.
Employer failure to provide notice.
An employer who has notice or knowledge of the disability or death and fails to give notice to the carrier shall pay the penalty provided for in subsection 3 for the period during which the employer failed to notify the carrier.
6.
Interest.
When weekly compensation is paid pursuant to an award, interest on the compensation must be paid at the rate of 10% per annum from the date each payment was due, until paid.
7.
Memorandum of payment.
Upon making the first payment of compensation for incapacity or upon making a payment of compensation for impairment, the employer shall immediately forward to the board a memorandum of payment on forms prescribed by the board. This information must include, at a minimum, the following:
8.
Information.
Information regarding wages must be reported as provided in section 303.
9.
Discontinuance or reduction of payments.
The employer, insurer or group self-insurer may discontinue or reduce benefits according to this subsection.

Legislative History

PL 1991, c. 885, §A8 (NEW). PL 1991, c. 885, §§A9-11 (AFF). PL 1999, c. 354, §§3,4 (AMD). PL 2007, c. 218, §1 (AMD). PL 2009, c. 129, §§5, 6 (AMD). PL 2009, c. 129, §§13 (AFF). PL 2009, c. 280, §1 (AMD). PL 2009, c. 280, §2 (AFF). PL 2011, c. 647, §2 (AMD). PL 2015, c. 297, §5 (AMD). PL 2019, c. 344, §3 (AMD).