Maine § 39-A §352 Lump-sum settlements

Maine Statutes

§ 39-A §352 — Lump-sum settlements

Maine·Title 39-A WORKERS' COMPENSATION·Part 1 MAINE WORKERS' COMPENSATION ACT OF 1992·Ch. 7 PROCEDURES

1.Agreement. An insurer, self-insurer or self-insured group and an employer and employee may by agreement discharge any liability for compensation, in whole or in part, by the employer's payment of an amount to the employee if:

2.Policy. The board shall by rule adopt policies establishing the circumstances under which lump-sum payments may be approved under this section. The circumstances must be at least as restrictive as those set forth in this section.

3.Review. Before approving any lump-sum settlement, the board shall review the following factors with the employee:

4.Procedure. The board shall initiate the review within 14 days of receipt of a request for a settlement review. An employer is considered a party for the purposes of this section.

5.Approval. The board may not approve

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1.
Agreement.
An insurer, self-insurer or self-insured group and an employer and employee may by agreement discharge any liability for compensation, in whole or in part, by the employer's payment of an amount to the employee if:
2.
Policy.
The board shall by rule adopt policies establishing the circumstances under which lump-sum payments may be approved under this section. The circumstances must be at least as restrictive as those set forth in this section.
3.
Review.
Before approving any lump-sum settlement, the board shall review the following factors with the employee:
4.
Procedure.
The board shall initiate the review within 14 days of receipt of a request for a settlement review. An employer is considered a party for the purposes of this section.
5.
Approval.
The board may not approve any lump-sum settlement unless there is an agreement pursuant to subsection 1 or, in the event the employer refuses to agree to the settlement, the board has reviewed the proposed agreement and finds it to be in the best interests of the parties, and unless:
6.
Monitoring of lump-sum settlement recipients.
The board shall establish and maintain a program to monitor the postsettlement employment experience of employees who settle their claims pursuant to this section to help develop future policy. The Department of Labor shall cooperate with the board in the establishment and operation of this monitoring program.