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S T A T E   O F   M A I N E

WORKERS' COMPENSATION BOARD

27 State House Station

Augusta, Maine  04333-0027

FAX (207) 287‑7198

TEL (207) 287‑7086

 

MEMORANDUM

 

Date Sent:  Oct 19 2009

 

           TO:     Parties Interested in Board Rulemaking

 

   SUBJECT:     Adopted Rules

Rule Chapters 4(4)(1) & (2): 12(1); 18(4)

IME Expense Reimbursements

 

 

 

The Maine Workers' Compensation Board has adopted the attached rules.  The effective date of the rules is October 11, 2009.

 

 

AGENCY CONTACT PERSON:    John C. Rohde, General Counsel

                    AGENCY NAME:     Workers' Compensation Board

                             ADDRESS:     27 State House Station

                                                   Augusta, Maine  04333-0027

                         TELEPHONE:     207-287-7086

                                  EMAIL:     John.Rohde@Maine.gov

 

 

Please Note:       Most offices will only receive one copy of this notification.  Please ensure that copies are distributed to your staff.  Thank you.

If you no longer wish to receive these mailings, please contact:

Lynne McKenney, Secretary Associate Legal

Workers' Compensation Board

27 State House Station

Augusta, Maine  04333-0027

Tel:  (207) 287-7086 / Fax:  (207) 287-7198

Email:  Lynne.McKenney@Maine.gov

It would be helpful if you would include the three digit code located on the mailing label when writing or calling.


                                                                                                                                                  MAPA-4

                     Notice of Agency Rule-making Adoption

 

 

AGENCY:  WORKERS’ COMPENSATION BOARD

 

 

CHAPTER NUMBER AND TITLE:  Chapter 4(4)(1)&(2); Chapter 12(1); Chapter 18(4); IME Expense Reimbursements

 

 

ADOPTED RULE NUMBER: 

(LEAVE BLANK - ASSIGNED BY SECRETARY OF STATE)

 

 

CONCISE SUMMARY  (UNDERSTANDABLE BY AVERAGE CITIZEN):

 

Mileage, meal, and hotel expenses have not been updated for many years and are currently inadequate.

 

Independent Medical Examiner fees have been increased in an effort to attract and retain these examiners.

 

 

 

 

 

 

EFFECTIVE DATE  (TO BE FILLED IN BY SECRETARY OF STATE):

 

 

AGENCY CONTACT PERSON:      John C. Rohde, General Counsel

                          AGENCY NAME:      Workers’ Compensation Board

                                    ADDRESS:      27 State House Station

Augusta, Maine  04333-0027

                               TELEPHONE:      207-287-7086

                                           EMAIL:      John.Rohde@Maine.gov

 

                                      Please approve bottom portion of this form and

                                              assign appropriate MFASIS number.

 

APPROVED FOR PAYMENT                                                       DATE:                     

Authorized signature

FUND             AGENCY           ORG            APP           JOB             OBJT             AMOUNT

014                 90C                    2001            01


90-351             WORKERS' COMPENSATION BOARD

 

Chapter 4:        INDEPENDENT MEDICAL EXAMINER

 

 

*********************

 

§ 4.      Expenses and Fees for Independent Medical Examinations under 39-A M.R.S.A. § 312

 

1.         Expenses incurred by the employee attending an independent medical examination are to be paid for by the employer. The following rates of reimbursement shall apply for travel:

 

            A.        $.2644 per mile for mileage reimbursements.

 

            B.         $45.00 Actual costs or a maximum of $120.00 per evening for overnight lodging. Reimbursement for overnight lodging shall be is allowed only when the employee has traveled 150100 miles or more, one way, from the employee's place of residence.

 

            C.        $6.00 for breakfast, $6.00 for lunch, and $16.00 for dinner. Reimbursement for meals shall beis allowed only when the employee has traveled 8050 miles or more, one way, from the employee's place of residence.

 

            D.        Actual charges for tolls, accompanied by a receipt.

 

2.         Independent medical examinations will have a maximum charge of $200.00300.00 per hour up to a maximum of fourfive hours for review of records and information, the performance of any necessary examinations, and the preparation of the written report. This charge does not include such diagnostic testing as may be necessary. Additional charges may be allowed with the consent of both parties or by the Deputy Director of Medical/Rehabilitation Services for good cause shown. The fee for the examination and report must be paid by the employer.

 

3.         If additional diagnostic tests are required, payment for such tests whether performed by the independent medical examiner or by another health care provider at the request of the examiner, shall be in accordance with the Board's Medical Fee Schedule and paid for by the employer.

 

4.         If the employee fails to attend the independent medical examination or if an examination is cancelled by the employee or employer within 48 hours of the scheduled time, the independent medical examiner may charge and receive up to $200, to be paid initially by the employer, subject to the right of the employer to be reimbursed by the employee if the failure to appear or the cancellation by the employee was without good cause. This determination shall be made by the hearing officer.

 

5.         The reasonable costs of depositions of examiners, including the examiner's fees, court reporter's fees, and transcript costs, shall be borne by the requesting party.

 

********************


 

90-351              WORKERS' COMPENSATION BOARD

 

Chapter 12:      FORMAL HEARINGS

 

 

§ 1.

 

1.         Petitions and other notifications of disputes shall be filed with the Board's central office in Augusta, Maine.

 

            2.         Reasonable mileage expense reimbursement pursuant to 39-A M.R.S.A. § 315 shall be 2644 cents per mile.

 

            3.         Except as specifically provided in 39-A M.R.S.A. § 101 et seq. or in these rules, any party opposing a motion shall file a response not later than 7 days after the filing of the motion.

**************

 

 


90­351             WORKERS' COMPENSATION BOARD

 

Chapter 18:      EXAMINATIONS BY IMPARTIAL PHYSICIAN(S) PURSUANT TO 39-A M.R.S.A. § 611

 

 

******************

 

§ 4.      Expenses and Fees for Employees Attending a Board Appointed Examination

 

            1.         Expenses incurred by the employee attending a Board appointed examination pursuant to Section 611 are to be paid for by the employer. The following rates of reimbursement shall apply for travel:

 

                        A.        $.2244 per mile for mileage reimbursements.

 

                        B.         $45.00 Actual costs or a maximum of $120.00 per evening for overnight lodging. Reimbursement for overnight lodging shall beis allowed only when the employee has traveled 150100 miles or more, one way, from the employee's place of residence.

 

                        C.        $4.006.00 for breakfast, $5.006.00 for lunch, and $8.0016.00 for dinner. Reimbursement for meals shall beis allowed only when the employee has traveled 8050 miles or more, one way, from the employee's place of residence.

 

                        D.        Actual charges for tolls, accompanied by a receipt.

 

                        E.         Employees may be advanced funds to cover the expenses of travel by making a request to the employer. The employer shall make every effort to honor such requests in a timely manner.

 

 


                                           Rule-Making Fact Sheet

                                                            (5 MRSA  § 8057-A)

 

AGENCY:  WORKERS’ COMPENSATION BOARD

 

NAME, ADDRESS, PHONE NUMBER OF AGENCY CONTACT PERSON:

John C. Rohde, General Counsel, Workers’ Compensation Board, 27 State House Station, Augusta ME  04333-0027  TEL:  207-287-7086, email:  John.Rohde@Maine.gov

 

CHAPTER NUMBER AND RULE TITLE:  RChs 4(4)(1); 4(4)(2); 12(1)(2); 18(4) - Expense/Mileage Reimbursements

 

STATUTORY AUTHORITY:  39-A M.R.S.A. §§ 152(2); 312; 315; 611

 

DATE AND PLACE OF PUBLIC HEARING: 

Monday, July 27, 2009, 9:00 a.m., Workers' Compensation Board, Central Office, AMHI Complex, Deering Building, First Floor, Room 170, Hospital Street, Augusta, Maine

 

COMMENT DEADLINE:  Thursday, August 6, 2009, 5:00 p.m.

 

PRINCIPAL REASON OR PURPOSE FOR PROPOSING THIS RULE:

Mileage, meal, and hotel expenses have not been updated for many years and are currently inadequate.

Independent Medical Examiner fees have been increased in an effort to attract and retain these examiners.

 

ANALYSIS AND EXPECTED OPERATION OF THE RULE:

This rule increases the mileage and expense reimbursement to injured workers; such reimbursement has not been updated for many years.

The Independent Medical Examiner fees will increase to a maximum of $300 per hour for up to five (5) hours.

 

FISCAL IMPACT OF THE RULE:   

 

 

  FOR RULES WITH FISCAL IMPACT OF $1 MILLION OR MORE, ALSO INCLUDE:

ECONOMIC IMPACT, WHETHER OR NOT QUANTIFIABLE IN MONETARY TERMS:

INDIVIDUALS OR GROUPS AFFECTED AND HOW THEY WILL BE AFFECTED:

BENEFITS OF THE RULE:

 

                                            Note:  If necessary, additional pages may be used.


CHAPTERS 4 § 4(1) & (2); 12 § 1(2); and 18 § 4

EXPENSE MILEAGE REIMBURSEMENTS; INDEPENDENT MEDICAL EXAMINER

 

BASIS STATEMENT

 

      This rule increases the mileage and expense reimbursement to injured workers; such reimbursement has not been updated for many years.

 

      The Independent Medical Examiner fees will increase to a maximum of $300 per hour for up to five (5) hours from $200 per hour for up to four (4) hours.

 

 

SUMMARY OF COMMENTS

 

            Commentators 1 and 2 support the proposed rule.

 

RESPONSE:  There was no opposition to the proposed rule.

 

COMMENTATORS

 

 1.  Robert A. Laskoff, Esq.

 

 2.  Maine Employers’ Mutual Insurance Company; Allan M. Muir, Esq.