§ 39-A §355-C — Powers and duties of committee; reimbursement

The committee shall review and evaluate requests for reimbursement of workers' compensation benefits paid or payable under section 213, subsections 3 and 4.
1.
Power to bind fund.
The committee has power to bind the fund with respect to the monetary value of each settlement reimbursable from the fund.
2.
Request for reimbursement; information required.
A request for reimbursement from the fund must include:
3.
Determinations.
The committee shall review requests for reimbursement within 14 days of receipt of the request or within a longer period of time if mutually acceptable to the parties. The committee shall issue a final determination, designated as such, to each insurer or self-insurer that has requested reimbursement. An insurer or self-insurer may petition the board for a hearing before an administrative law judge within 30 days of notice of the determination. Review by the board is limited to errors of law and abuse of discretion.
4.
Effect of board decrees.
The fund and the committee are bound to the same extent as the employee and insurer or self-insurer by decrees of the board.
5.
Effect of mediation agreement or consent decree.
The fund is bound as to any question of law or fact by reason of a mediation agreement under section 313 or a consent decree, provided the committee was given notice of the terms of the agreement or decree at least 21 days before the effective date of the agreement or decree and did not object. The fund is not bound by the agreement or decree if the committee provides a written objection to the proposed terms of the agreement or decree to the insurer or self-insurer.
6.
Effect of independent medical examiner's report
. The fund is bound to the same extent as the employee and the insurer or self-insurer by findings contained in an independent medical examiner's report provided pursuant to section 312.
7.
Service agent.
The committee, by contract, may delegate day-to-day business operations of the fund and duties and powers of the committee regarding reimbursement requests or assessments to a service agent qualified under this subsection. Pursuant to the contract, a service agent retained under this subsection must be held to account as a fiduciary in the administration of the assets of the fund and in the conduct of the business affairs of the fund.

Legislative History

PL 2001, c. 448, §5 (NEW). PL 2015, c. 297, §21 (AMD).