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Maine AFL-CIO

Legislative Scorecard

LD1268 -

(2011)

An Act to Allow the Repayment of Improperly Awarded Workers’ Compensation Benefi ts

LD1268 bill text Maine AFL-CIO Opposed

Sponsored by Sponsored by: Sen. Thomas Saviello (R – Wilton)

What is the bill?

LD 1268 was one of several bills this session which changed the Workers’ Compensation system in ways harmful to workers. This bill exposes injured workers to a potential yo-yo situation regarding the employee’s receipt of workers’ compensation benefits. It addresses scenarios where a worker has won an initial hearing, then has that ruling overturned by a hearing officer, and then the worker appeals to the Maine Supreme Court. Under the new law, an injured worker appealing a decision to the Court would be denied benefits for months or more than a year pending appeal and even if ultimately successful loses those benefits in the interim. This puts an injured worker in an impossible situation. The law should take into account the different positions of economic power between an injured worker and an employer. This bill was passed and signed into law.

What happened?

Votes