WCB Penalties Reference Guide

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Violation	Specific Statutes	Specific Regulations	General Statutes	General Regulations	/----------------Penalties -----------/
Violation	Specific Statutes	Specific Regulations	General Statutes	General Regulations	Paid To	Criteria
Delay in payment of benefits	205(3)	15.3(1)(2)(3)	152.10 205(1)(2)	1.1(5) 8.4	Worker	When there is not an ongoing dispute, if weekly compensation benefits or accrued weekly benefits are not paid within 30 days after becoming due and payable, $50 per day must be added and paid to the worker for each day over 30 days in which the benefits are not paid. Not more than $1,500 in total may be added pursuant to this subsection.
Delay in payment of medical bills	205(4)	15.3(1)(4)(5)	206	5.7(2) 7.3(8)	Workers' Compensation Board Administrative Fund	When there is no ongoing dispute, if medical bills are not paid within 30 days after the carrier has received notice of nonpayment by certified mail, $50 or the amount of the bill due, whichever is less, must be added and paid to the Workers' Compensation Board Administrative Fund for each day over 30 days in which the medical bills are not paid. Not more than $1,500 in total may be added pursuant to this subsection.
Failure to file form or to file form timely	360(1)	15.9	153.4 357.1	1.1(1)(3)(5) 1.7 8.1 8.11 8.12 8.13 8.16 8.18(1)	General Fund	The board may assess a civil penalty not to exceed $100 for each violation on any person who fails to file or complete any report or form required by this Act or rules adopted under this act; or who fails to file or complete such a report or form within the time limits specified in this Act or rules adopted under this Act.
Failure to file medical report	208(2)(A)	5.19(1)	207		Workers' Compensation Board Administrative Fund	Except for claims for medical benefits only, within 5 business days from the completion of a medical examination or within 5 business days from the date notice of injury is given to the employer, whichever is later, the health care provider treating the employee shall forward to the employer and the employee a diagnostic medical report, on forms prescribed by the board, for the injury for which compensation is being claimed. The board may assess penalties up to $500 per violation on health care providers who fail to comply with the 5-day requirement.
Failure to insure	324(3)	15.7	401 403	1.10	Employment Rehabilitation Fund	The failure of any employer to procure insurance coverage for the payment of compensation and other benefits to the employer's employees constitutes a failure to secure payment of compensation and the employer is liable to pay a civil penalty of up to $10,000 or an amount equal to 108% of the premium, calculated using Maine Employers' Mutual Insurance Company's standard discount premium, that should have been paid during the period the employer failed to secure coverage, whichever is larger.
Failure to pay assessment	154(8)		154		Workers' Compensation Board Administrative Fund	Any insurance company, association or self-insured employer subject to an assessment that willfully fails to pay, commits a civil violation for which a forfeiture of not more than $500 may be adjudged for each day following the due date for which payment is not made.
Failure to pay compensation	324(2)	15.6	324(1)	8.6 8.18(2)	A) Of each day's forfeiture amount, the first $50 is paid to the employee to whom compensation is due. The remainder must be paid to the Workers' Compensation Board Administrative Fund. B) Employee	A) If an employer or insurance carrier fails to pay compensation within 10 days receipt of board decree or approved agreement, the board shall assess against the employer or insurance carrier a forfeiture of up to $200 for each day of noncompliance. B) If a forfeiture is assessed against any employer or insurance carrier on petition by an employee, the employer or insurance carrier shall pay reasonable costs and attorney's fees related to the forfeiture, as determined by the board.
Fraud or willful violation	360(2)	15.10	153(5)(B)(E)	1.1(1)(2)(3)(5) 1.5 8	General Fund	The board may assess, after hearing, a civil penalty in an amount not to exceed $1,000 for an individual and $10,000 for a corporation, partnership or other legal entity for any willful violation of this Act, fraud or intentional misrepresentation.
Pattern of questionable claims handling techniques	359(2)	15.8	153(5)(B)(E)	1.1(1)(2)(3)(5) 1.5 8	Workers' Compensation Board Administrative Fund	In addition to any other penalty assessment permitted under this Act, the board may assess civil penalties not to exceed $10,000 upon finding, after hearing, that an employer, insurer, or 3rd-party administrator for an employer has engaged in a pattern of questionable claims-handling techniques or repeated unreasonably contested claims.