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90-351
Workers' Compensation Board

2004-2005 Regulatory Agenda

AGENCY UMBRELLA-UNIT NUMBER: 90-351
AGENCY NAME: Workers' Compensation Board

CONTACT PERSON: John C. Rohde, General Counsel, 27 State House Station, Augusta, Maine 04333-0027. Tel.: (207) 287-7094

EMERGENCY RULES ADOPTED SINCE THE LAST REGULATORY AGENDA: None

EXPECTED 2004-05 RULE-MAKING ACTIVITY:

CHAPTER 1: Payment of Benefits
STATUTORY AUTHORITY: 39-A M.R.S.A. § 152(2)
PURPOSE: Update Board forms for Wage Statement (WCB-2) and Schedule of Dependents (WCB-2A).
ANTICIPATED SCHEDULE: Winter 2005
AFFECTED PARTIES: Injured employees, employers, self-insured employers, insurance companies, third-party administrators, health care providers, attorneys

CHAPTER 1: Payment of Benefits
STATUTORY AUTHORITY: 39-A M.R.S.A. § 152(2)
PURPOSE: Clarify coverage notification requirements.
ANTICIPATED SCHEDULE: Winter 2005
AFFECTED PARTIES: Injured employees, employers, self-insured employers, insurance companies, third-party administrators, health care providers, attorneys

CHAPTER 2: Section 213 Compensation for Partial Incapacity
STATUTORY AUTHORITY: 39-A M.R.S.A. § 152(2), § 213(2)
PURPOSE: To address the permanent impairment threshold.
ANTICIPATED SCHEDULE: Winter 2004-05
AFFECTED PARTIES: Injured employees, employers, self-insured employers, insurance companies, third-party administrators, health care providers, attorneys

CHAPTER 2: Section 213 Compensation for Partial Incapacity
STATUTORY AUTHORITY: 39-A M.R.S.A. § 152(2), § 213(4)
PURPOSE: To address the partial incapacity benefit limitation.
ANTICIPATED SCHEDULE: Winter 2004-05
AFFECTED PARTIES: Injured employees, employers, self-insured employers, insurance companies, third-party administrators, health care providers, attorneys

CHAPTER 2: Section 213 Compensation for Partial Incapacity
STATUTORY AUTHORITY: 39-A M.R.S.A. § 152(2), § 213(2)
PURPOSE: To clarify the procedures for collecting permanent impairment data.
ANTICIPATED SCHEDULE: Winter 2004-05
AFFECTED PARTIES: Injured employees, employers, self-insured employers, insurance companies, third-party administrators, health care providers, attorneys

CHAPTER 2: Section 213 Compensation for Partial Incapacity
STATUTORY AUTHORITY: 39-A M.R.S.A. § 152(2), § 213(1)
PURPOSE: To clarify the procedures regarding extensions of benefits due to extreme financial hardship.
ANTICIPATED SCHEDULE: Winter 2004-05
AFFECTED PARTIES: Injured employees, employers, self-insured employers, insurance companies, third-party administrators, health care providers, attorneys

CHAPTER 4: Independent Medical Examiner
STATUTORY AUTHORITY: 39-A M.R.S.A. § 152(2), § 312
PURPOSE: To clarify procedural issues.
ANTICIPATED SCHEDULE: Winter 2004-05
AFFECTED PARTIES: Injured employees, employers, self-insured employers, insurance companies, third-party administrators, health care providers, attorneys

CHAPTER 4: Independent Medical Examiner
STATUTORY AUTHORITY: 39-A M.R.S.A. § 152(2), § 312
PURPOSE: To update fees and expenses.
ANTICIPATED SCHEDULE: Winter 2004-05
AFFECTED PARTIES: Injured employees, employers, self-insured employers, insurance companies, third-party administrators, health care providers, attorneys

CHAPTER 5: Medical Fee Schedule
STATUTORY AUTHORITY: 39-A M.R.S.A. § 152(2), § 209
PURPOSE: To update the medical fee schedule.
ANTICIPATED SCHEDULE: Fall 2004
AFFECTED PARTIES: Injured employees, employers, self-insured employers, insurance companies, third-party administrators, health care providers, attorneys

CHAPTER 7: Utilization Review, Treatment Protocols, Permanent Impairment
STATUTORY AUTHORITY: 39-A M.R.S.A. § 152(2), § 153(8)
PURPOSE: Establish a schedule for determining permanent impairment.
ANTICIPATED SCHEDULE: Spring, 2005
AFFECTED PARTIES: Injured employees, employers, self-insured employers, insurance companies, third-party administrators, health care providers, attorneys

CHAPTER 8: Procedures for Payment
STATUTORY AUTHORITY: 39-A M.R.S.A. § 152(2)
PURPOSE: Update Board forms for Wage Statement (WCB-2) and Schedule of Dependents (WCB-2A).
ANTICIPATED SCHEDULE: Winter 2004-05
AFFECTED PARTIES: Injured employees, employers, self-insured employers, insurance companies, third-party administrators, health care providers, attorneys

CHAPTER 12: Formal Hearings
STATUTORY AUTHORITY: 39-A M.R.S.A. § 152(2); § 315
PURPOSE: Update expenses.
ANTICIPATED SCHEDULE: Spring 2005
AFFECTED PARTIES: Injured employees, employers, self-insured employers, insurance companies, third-party administrators, health care providers, attorneys

CHAPTER 12: Formal Hearings
STATUTORY AUTHORITY: 39-A M.R.S.A. § 152(2)
PURPOSE: Clarify procedures related to filing of Joint Scheduling Memo.
ANTICIPATED SCHEDULE: Spring 2005
AFFECTED PARTIES: Injured employees, employers, self-insured employers, insurance companies, third-party administrators, health care providers, attorneys

CHAPTER 14: Review By Full Board
STATUTORY AUTHORITY: 39-A M.R.S.A. § 152(2), § 320
PURPOSE: Update procedure for Board review of hearing officer decisions.
ANTICIPATED SCHEDULE: Summer/Fall 2004
AFFECTED PARTIES: Injured employees, employers, self-insured employers, insurance companies, third-party administrators, health care providers, attorneys

CHAPTER 18: Examinations by Impartial Physicians Pursuant to 39-A M.R.S.A. §611
STATUTORY AUTHORITY: 39-A M.R.S.A. § 152(2), § 611
PURPOSE: Update expenses and fees.
ANTICIPATED SCHEDULE: Fall 2004
AFFECTED PARTIES: Injured employees, employers, self-insured employers, insurance companies, third-party administrators, health care providers, attorneys


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