Maine § 39-A §614 Special provisions for asbestos-related diseases

Maine Statutes

§ 39-A §614 — Special provisions for asbestos-related diseases

Maine·Title 39-A WORKERS' COMPENSATION·Part 2 OCCUPATIONAL DISEASE LAW

1.Definition. As used in this section, the term "asbestos-related disease" means a disease caused by exposure to asbestos.

2.Scope. This section applies only to asbestos-related diseases caused or contributed to by a last injurious exposure to asbestos that occurred on or after November 30, 1967.

3.Aggravation of condition. Section 605 does not apply to asbestos-related diseases.

4.Last employer liable; notice. Notwithstanding section 606, the only employer and insurance carrier liable is the last employer in whose employment the employee was last injuriously exposed to asbestos, and the insurance carrier, if any, on the risk when the employee was last so exposed under that employer. Notice of incapacity under section 607 must include the name of that employer and the date when employ

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1.
Definition.
As used in this section, the term "asbestos-related disease" means a disease caused by exposure to asbestos.
2.
Scope.
This section applies only to asbestos-related diseases caused or contributed to by a last injurious exposure to asbestos that occurred on or after November 30, 1967.
3.
Aggravation of condition.

Section 605 does not apply to asbestos-related diseases.
4.
Last employer liable; notice.
Notwithstanding section 606, the only employer and insurance carrier liable is the last employer in whose employment the employee was last injuriously exposed to asbestos, and the insurance carrier, if any, on the risk when the employee was last so exposed under that employer. Notice of incapacity under section 607 must include the name of that employer and the date when employment with that employer ceased.
5.
Compensation limit.
The 3-year limit provided in section 609 does not apply to asbestos-related diseases.
6.
Further compensation.
Notwithstanding section 607, after compensation payments for incapacity or death caused by an asbestos-related disease have been legally discontinued, a claim for further compensation for that disease not due to further exposure to asbestos in that employment is barred if not made within 40 years after the last previous payment.
7.
Compensation benefits.
Compensation under this section is paid as follows.
8.
Section not applicable.
This section does not apply to an asbestos-related disease of any worker who, at the time of the last injurious exposure to asbestos, was covered by the federal Longshore and Harbor Workers' Compensation Act of March 4, 1927, Chapter 509, 33 United States Code, Section 901, or the Federal Employees Compensation Act, 5 United States Code, Section 8101. A worker is deemed to be covered by one of those acts if, at the time of the worker's last injurious exposure to asbestos, the worker was an employee, as defined by those federal acts, and was employed in employment that is subject to any of those federal acts.

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