Code of Maine Rules
90 - INDEPENDENT AGENCIES
351 - WORKERS' COMPENSATION BOARD
Chapter 6 - REHABILITATION
Subchapter II - APPLICATION AND PLAN
Section 351-6-7 - Recovery of Costs

Universal Citation: 90 ME Code Rules ยง 351-6-7

Current through 2024-38, September 18, 2024

1. If an injured employee returns to suitable employment after completing a rehabilitation plan to which the employer/insurer did not agree to pay, the Executive Director or the Executive Director's designee shall order the employer/insurer to pay an amount equal to 180% of the costs paid, except the cost of the evaluation, from the Employment Rehabilitation Fund.

2. The employer/insurer shall, no later than 14 days after receipt of the Board's order, either pay the amount ordered by the Board or file a petition in the Central Office of the Workers' Compensation Board objecting to the order.

3. If a timely petition is received, the Board shall refer the matter to mediation.

4. If the matter is not resolved during mediation, the matter will be forwarded to a Hearing Officer or ALJ for hearing.

A. The provisions of Chapter 12, §§3 6, 9, and 12-19 apply to hearings conducted under this section.

B. The employer/insurer may raise all issues and defenses that were, or could have been raised, in any prior proceeding conducted under this chapter or §217.

C. The Hearing Officer or ALJ's decision is subject to appeal as set forth in 39-A M.R.S.A. §321-B.

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