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S T A T
E O F
M A I N E
WORKERS'
COMPENSATION BOARD
27 State
House Station
FAX (207) 287‑7198
TEL (207) 287‑7086
MEMORANDUM
Date
Sent: May 4 2009
TO: Parties
Interested in Board Rulemaking
Rule Chapter
9(2) Coordination of Benefits Pursuant to Section 221(1)&(3)
-Coordination%20of%20Benefits%20Pursuant%20to%20Sec%20221(1)&(3)%20-%20Proposed%20Rulemaking%20webpage_files/image001.gif){kind=small}
The Maine
Workers' Compensation Board is proposing the attached rules.
PUBLIC
HEARING (IF ANY, GIVE DATE, TIME, LOCATION):
Monday,
June 1, 2009, 9:00 a.m.,
Workers'
Compensation Board, Central Office,
AMHI
Complex,
1st
Floor, Room 170,
DEADLINE
FOR COMMENTS: Thursday, June 11,
2009, 5:00 p.m.
AGENCY CONTACT PERSON: John C. Rohde, General Counsel
AGENCY NAME: Workers'
Compensation Board
ADDRESS: 27 State House Station
TELEPHONE: 207-287-7086
PLEASE NOTE: Most
offices will only receive one copy of this notification. Please ensure that copies are distributed to
your staff. Thank you.
|
If you no longer wish to receive
these mailings, please contact: Lynne McKenney, Secretary Associate
Legal Workers' Compensation Board 27 State House Station Tel:
207-287-7086
/ Fax: 207-287-7198 Email: Lynne.McKenney@Maine.gov It would be helpful if you would
include the three digit code located on the top right-hand corner of the
mailing label when writing or calling. |
MAPA-3
Notice of Agency Rule-making Proposal
AGENCY: WORKERS’ COMPENSATION BOARD
RULE TITLE OR
SUBJECT: Chapter
9(2) - Coordination of Benefits Pursuant to Section 221(1) & (3)
PROPOS
CONCISE
SUMMARY (UNDERSTANDABLE
BY AVERAGE CITIZEN):
This rule establishes a
method for calculating a reduction of weekly benefits when an employee receives
a lump sum or periodic payment over a period less than the employee’s life
expectancy pursuant to a self-insurance wage continuation, disability insurance
policy, pension, or retirement policy established or maintained by the
employer.
THIS RULE
WILL_ WILL NOT X HAVE A FISCAL IMPACT ON
MUNICIPALITIES
STATUTORY
AUTHORITY: 39-A M.R.S.A. §§ 152(2) and
221(1) & (3)
PUBLIC HEARING (IF
ANY, GIVE DATE, TIME, LOCATION):
Monday, June
1, 2009, 9:00 a.m.,
DEADLINE FOR
COMMENTS:
Thursday, June 11, 2009, 5:00 p.m.
AGENCY CONTACT
PERSON: John C. Rohde, General Counsel
AGENCY NAME: Workers’
Compensation Board
ADDRESS: 27 State House Station
Augusta
ME 04333-0027
TELEPHONE: 207-287-7086
-Coordination%20of%20Benefits%20Pursuant%20to%20Sec%20221(1)&(3)%20-%20Proposed%20Rulemaking%20webpage_files/image002.gif){kind=small}
Please
approve bottom portion of this form and
assign
appropriate MFASIS number.
APPROV
Authorized signature
FUND AGENCY ORG APP JOB OBJT AMOUNT
014 90C 2001 01
90-351 WORKERS,
COMPENSATION BOARD
Chapter 9: PROCEDURE
FOR COORDINATION OF BENEFITS
This rule describes the procedures to be
followed in calculating and performing the coordination of benefits required
under 39-A M.R.S.A. § 221.
§l. Any
reduction in weekly workers, compensation benefits which results from the
coordination of benefits described in Title 39-A shall be indicated on the
Discontinuance or Modification of Compensation (WCB-4) filed pursuant to Rule
8.1. The employer or insurer shall indicate which type of benefit is the
subject of coordination and the mathematical calculations used in determining
the new level of weekly compensation benefits.
§2. Coordination
of benefits pursuant to § 221 (3).
(A) When
an employee receives weekly payments pursuant to a plan or policy subject to §
221 (1) (B) or (C), the amount by which weekly benefits may be reduced is
calculated by converting the weekly payment into an after-tax amount using the
tables of average weekly wage and 80% of the after tax average weekly wage
published by the Board pursuant to 39-A M.R.S. § 102 (1).
(B) When
an employee receives a lump sum or periodic payment paid over a period less
than the employee’s life expectancy pursuant to a plan or policy subject to §
221 (1) (B) or (C), the amount by which weekly benefits may be reduced is
calculated by:
(1) determining
the employee’s life expectancy in weeks,
(2) determining
a weekly benefit amount by dividing the lump sum amount by the number of weeks
of life expectancy determined pursuant to sub-section B paragraph (1) of this
section;
(3) converting
the weekly benefit amount determined pursuant to sub-section B paragraph (2) of
this section into an after-tax amount using the tables of average weekly wage
and 80% of the after tax average weekly wage published by the Board pursuant to
39-A M.R.S. § 102 (1).
Rule-Making
Fact Sheet
(5 MRSA
§ 8057-A)
AGENCY: WORKERS’ COMPENSATION BOARD
NAME, ADDRESS,
PHONE NUMBER OF AGENCY CONTACT PERSON:
John
C. Rohde, General Counsel, Workers’ Compensation Board, 27 State House Station,
Augusta ME 04333-0027 TEL:
208-287-7086
CHAPTER NUMBER
AND RULE TITLE: Rule Chapter 9(2) -
Coordination of Benefits Pursuant to Section 221(1) & (3)
STATUTORY
AUTHORITY: 39-A M.R.S.A. §§ 152(2) and
221(1) & (3)
DATE AND PLACE
OF PUBLIC HEARING: Monday, June 1, 2009,
9:00 a.m.,
COMMENT
DEADLINE: Thursday,
June 11, 2009, 5:00 p.m.
PRINCIPAL
REASON OR PURPOSE FOR PROPOSING THIS RULE:
A method for calculating
offsets has not previously been established.
This rule will establish a uniform method of calculating offsets pursuant to §§ 221(1) & (3).
ANALYSIS
AND EXPECT
This rule will prevent
disputes over appropriate offsets by establishing a uniform method of
calculating offsets.
FISCAL
IMPACT OF THE RULE:
FOR RULES WITH FISCAL IMPACT OF $1 MILLION OR
MORE, ALSO INCLUDE:
ECONOMIC IMPACT, WHETHER OR NOT QUANTIFIABLE IN MONETARY
TERMS:
INDIVIDUALS OR GROUPS AFFECT
BENEFITS OF THE RULE:
Note: If necessary, additional pages may be used.