Maine Revised Statutes Title 39-A Sec. 306 – Time for filing petitions
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1. Statute of limitations. Except as provided in this section, a petition brought under this Act is barred unless filed within 2 years after the date of injury or the date the employee‘s employer files a required first report of injury if required in section 303, whichever is later.
[PL 2011, c. 647, §18 (AMD).]
Terms Used In Maine Revised Statutes Title 39-A Sec. 306
- Board: means the Workers' Compensation Board created by section 151 and includes a designee of the board. See Maine Revised Statutes Title 39-A Sec. 102
- Contract: A legal written agreement that becomes binding when signed.
- Employee: includes officials of the State and officials of counties, cities, towns, water districts and all other quasi-public corporations of a similar character, every duly elected or appointed executive officer of a private corporation other than a charitable, religious, educational or other nonprofit corporation, and every person in the service of another under any contract of hire, express or implied, oral or written, except: (1) Persons engaged in maritime employment or in interstate or foreign commerce who are within the exclusive jurisdiction of admiralty law or the laws of the United States, except that this section may not be construed to exempt from the definition of "employee" a person who is employed by the State and is thereby barred by the State's sovereign immunity from bringing a claim against that person's employer under admiralty law or other laws of the United States for claims that are otherwise cognizable under this Act;(2) Firefighters, including volunteer firefighters who are active members of a volunteer fire association as defined in Title 30?A, section 3151; volunteer emergency medical services persons as defined in Title 32, section 83, subsection 12; and police officers are employees within the meaning of this Act. See Maine Revised Statutes Title 39-A Sec. 102
- employer: includes :
A. See Maine Revised Statutes Title 39-A Sec. 102- Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
- Year: means a calendar year, unless otherwise expressed. See Maine Revised Statutes Title 1 Sec. 72
2. Payment of benefits. If an employer or insurer pays benefits under this Act, with or without prejudice, within the period provided in subsection 1, the period during which an employee or other interested party must file a petition is 6 years from the date of the most recent payment.A. The provision of medical care for an injury or illness by or under the supervision of a health care provider employed by, or under contract with, the employer is a payment of benefits with respect to that injury or illness if:(1) Care was provided for that injury or illness on 6 or more occasions in the 12-month period after the initial treatment; and(2) The employer or the health care provider knew or should have known that the injury or illness was work-related.For the purposes of this paragraph, “health care provider” has the same meaning as provided in rules of the board. [PL 2001, c. 435, §1 (NEW); PL 2001, c. 435, §2 (AFF).][PL 2001, c. 435, §1 (AMD); PL 2001, c. 435, §2 (AFF).]
3. Establishment of injury. If the occurrence of a work-related injury is established by board decree, mediation report or agreement of the parties without the payment of benefits as provided in subsection 2, the period during which an employee or other interested party may file a petition is 6 years from the date of that decree, report or agreement.[PL 1999, c. 354, §6 (NEW); PL 1999, c. 354, §10 (AFF).]
4. Physical or mental incapacity. If an employee is unable to file a petition because of physical or mental incapacity, the period of that incapacity is not included in the limitation period provided in subsection 1.[PL 1999, c. 354, §6 (NEW); PL 1999, c. 354, §10 (AFF).]
5. Mistake of fact. If an employee fails to file a petition within the limitation period provided in subsection 1 because of mistake of fact as to the cause or nature of the injury, the employee may file a petition within a reasonable time, subject to the 6-year limitation provided in subsection 2.[PL 1999, c. 354, §6 (NEW); PL 1999, c. 354, §10 (AFF).]
6. Death of employee. If an employee dies as a result of a work-related injury, a petition is barred unless filed within one year after the death or 2 years from the date of injury, whichever is later, but in any event not later than 6 years from the date of last payment.[PL 1999, c. 354, §6 (NEW); PL 1999, c. 354, §10 (AFF).]
SECTION HISTORYPL 1991, c. 885, §A8 (NEW). PL 1991, c. 885, §§A9-11 (AFF). PL 1999, c. 354, §6 (RPR). PL 1999, c. 354, §10 (AFF). PL 2001, c. 435, §1 (AMD). PL 2001, c. 435, §2 (AFF). PL 2011, c. 647, §18 (AMD).