Clarify the Retirement Presumption under the Maine Workers' Compensation Act of 1992

Last updated: May 19, 2019

Details about this bill
Category: Wage and Labor
Status: Defeated
Sponsor: Representative Michael Sylvester, House 39
Session: 129
Bill #: LD 1203

Position:

Monitoring.

Summary:

Once an individual receiving workers' compensation benefits retires and is receiving retirement benefits, there is a presumption that the individual is no longer eligible for workers' compensation benefits related to loss of earnings or earning capacity. Under current law, this presumption may be rebutted by evidence that the individual is unable to perform suitable work because of the work-related disability.

This bill lowers the evidentiary burden on the retired individual collecting workers' compensation benefits by providing that evidence that the individual's retirement was due at least in part to a work-related disability is sufficient to continue eligibility for workers' compensation benefits related to loss of earnings or earning capacity.