AUGUSTA, Maine — Republican lawmakers warned Friday there likely would be opposition over a proposed cap on workers’ compensation benefits paid for some injuries as the legislative committee continued its work on a proposal to revamp the system.
The proposal would cap the amount of time benefits can be collected by people who are partially but permanently injured to 11.8 years (618 weeks). Now some of those types of injuries are capped at 10 years (520 weeks), depending on their severity. The most severe are not capped.
So the proposal imposes a cap that hadn’t existed for some injuries, while it raises the cap on others. Any changes would not affect those who already are collecting workers’ comp benefits.
Democrats on the Labor, Commerce, Research and Economic Development Committee have, in the past, expressed displeasure over imposing a new cap for some injuries.
But Republican lawmakers on Friday raised their own red flag over concerns about the 618 weeks, which they said was more generous than other states.
“The 618 weeks — colleagues on my side of the aisle will have a huge problem with that,” said committee co-chairwoman Rep. Kerri Prescott, R-Topsham. “The 520 weeks we currently have — more people will push for that.”
She asked Workers’ Compensation Board Executive Director Paul Sighinolfi where that cap would place Maine in respect to other states, and he answered it would be the fifth- or sixth-highest cap for those types of injuries in the country.
“That’s where the heartburn is,” she responded.
Rep. Dana Dow, R-Waldoboro, said he would not support the cap of 618 weeks.
“It puts everything out of whack with everything else,” he said.
Sighinolfi, who drafted the proposal, said his thinking was that because the plan would impose a new cap, it also should extend benefits for others — sort of a give and take.
“My hope was to put in a system where we were taking something away, but putting something back in,” Sighinolfi said.
The committee didn’t vote on the proposal. It’s the second work session it has held on the plan, with another tentatively scheduled for next week.
The proposal makes other changes. Those collecting workers’ comp now get 80 percent of their weekly benefits, capped at $634, which is 90 percent of the statewide weekly average wage after taxes. The proposal would increase the cap to 100 percent of the average wage, raising the weekly payout by $70.
On Friday, lawmakers also asked Sighinolfi about efforts being made to transition workers receiving compensation benefits back to employment of some sort. He said the board isn’t proactive and waits for workers or their representatives to ask about vocational rehabilitation services.
He did note that the board has a fund to help with that aspect. Funded with fees paid by companies that are penalized for not following various rules, that account has a balance of $800,000, Sighinolfi said.
Sighinolfi said he hoped in a revamped system there would be more emphasis on getting injured workers back to the workplace. In sessions around the state held by Gov. Paul LePage, employers consistently said they have job openings but no workers to fill them, Sighinolfi said.
“My thinking is to change the benefits structure and get people back to work,” he said. “11.8 years gives people ample time to get into jobs.”
He said one thing other states do that Maine does not is explore on-the-job training opportunities as vocational rehabilitation. For example, the state may underwrite the cost of employing an injured worker who is learning new skills at a workplace for a time.
“You have to be creative,” he said.
“My thinking is to change the benefits structure and get people back to work,” he said. “11.8 years gives people ample time to get into jobs.”
“Permanent ” Incapacity– doesn’t just “arbitrarily” expire at 11.8 years!
Yet another GOP move to screw the little guy who suffers injury while serving his master. No healthcare, limited unemployment, no union, no workers comp, just go home and die before you cost the system any money even if you have contributed for 40 years. I’ll refrain from cursing.
{{“The 618 weeks — colleagues on my side of the aisle will have a huge problem with that,” said committee co-chairwoman Rep. Kerri Prescott, R-Topsham}}
This women is scary!
http://www.americanrhetoric.com/images/wizardofzwitchmelt1.JPG
Another attack on workers in this State by the evil empire. Can someone tell me why the Senate Chair Rector of this committee hasn’t excused himself from the debate or voting as his brother-in-law represents the largest workers comp. insurance carrier in the State and is advocating for these changes? Sounds like a conflict of interest to me.
I have been so mislead from the start of my injury 1st reported Oct. 2009, that here it is 2012.
I find myself confused with the whole system. Missed work due to injury, went back with limits, worked 1 year and was walked out of this business due to not being able to the job I was hired for. (It would be a HARDSHIP for this big company to find something I could do.)
They put me out on unpaid personal leave. Now I have been terminated as on Jan. 30, 2012 because I have been out on leave for over a year.
In short the Workers Compensation program favors the employer not the injured employee!!!I have even won my Workers Comp. case from the Board and employer appealed that to the Law Court – Law Court denied their appeal. All it took was a simply letter from this company to file a NOC notice and all is started again.
Workers Compensation is an insurance is it not?
This system needs help. I just worked a week with a guy on WC lifting 70 lb. bundles of shingles 6′ onto staging. He did better than I could and he was on WC for a shoulder lifting problem. Geez.
Why are we paying these people to work for cash like this and the system is blind to the reality? Are the doctors receiving fees for weekly/bi-weekly exams and unable to extricate themselves from the pleasure?
You have pointed out one person who might well be gaming the system. Is that a reason why benefits should be shut off for people who are indeed permanently disabled, and desperately need them?
Most people have two shoulders!
It maybe that the job that he was put out of required the use of both, and he is compensated for a partial disability.
Lets not judge absent of knowledge.
report him for fraud….it is people like him that make it so difficult for those that really are injured….if he is found innocent, so be it
Permanent injuries can miraculously be legislated away after a certain number of weeks? Only in anti-worker Republican dreams.
Anyone can be seriously injured. Only people who do not realize this includes THEM could possibly vote for a Republican.
So why are we going to fix something that isn’t broke in the first place? They, the repugs, wasted hour and hours of time with this, while doing nothing that would bring jobs here. Fiddling away time while accomplishing absolutey nothing for the people of Maine. It’s sickening.