AUGUSTA, Maine — The Maine Senate voted late Friday to approve a measure that overhauls the state’s workers’ compensation system, which supporters say will cut down fraud but opponents feel will unfairly hurt injured workers.
The 19-16 strict party-line vote followed another spirited debate as the 125th Legislature’s second regular session wound down.
LD 1913 was drafted by the Labor Committee over a period of several weeks but the bill that was reported out sharply divided committee members.
The main elements of the program overhaul include:
• Altered eligibility requirements and the creation of a 10-year cap for employees who are permanently impaired with partial incapacity.
• The elimination of a requirement that employers must continue paying benefits during an appeal.
• A new appeals divisions with authority to create rules of procedure.
• A shortened time period in which a notice of injury must be given, from 90 days to 30 days.
• A changed maximum benefit, from 80 percent of an employee’s net weekly wages to 66 percent of gross weekly wages.
Republicans see the bill as a way to improve a system that hasn’t been significantly altered since the Maine Workers’ Compensation Act was established in 1992.
Sen. Chris Rector, R-Thomaston, said three governors in the last 20 years — an independent, a Democrat and a Republican — have identified problems with the program.
“We’re finally trying to address those,” he said.
Rector also pointed out that the bill is prospective, which means that all workers now in the system are exempt from the changes.
Sen. John Patrick, D-Rumford, sharply opposed the measure as an assault on injured workers, who he said have become “disposable commodities.”
“This addresses none of the real problems in the law,” he said. “It robs workers, creates a windfall for insurance companies and eliminates benefits for the most severely injured workers.”
Patrick also said he believes the system is moving toward stabilization so he didn’t see the need for such an overhaul although he said it fits with Gov. Paul LePage’s insistence that most state assistance programs are rife with fraud.
The bill passed in the Senate only after a late amendment convinced enough Republicans to unite behind the measure. Leadership had put off action on LD 1913 for most of the day Friday to allow things to come together.
The amendment softens the landing for permanently impaired workers who would lose benefits after 10 years and also requires consideration of psychological work capacity in assessing an employee’s earning potential.
Patrick called the amendment a “crumb thrown to workers.”
On Thursday, the House passed the bill in a 75-71 party-line vote after a similar back-and-forth debate among Republicans and Democrats.
Rep. Kerri Prescott, R-Topsham, House chairwoman of the Labor Committee, said the bill contains a lot of good reforms that put Maine in line with many other states.
“We keep hearing that workers will fall through the cracks, but [10 years of benefits] isn’t falling through the cracks,” she said.
She also said the newly created appellate division would better protect workers.
“Currently, workers are not able to appeal a decision by the hearing board,” she said. “They will now have that option.”
Rep. Erin Herbig, D-Belfast, argued that Maine’s current system has resulted in a decrease in the number of claims and in the average length of claims.
“I can’t identify the problem,” she said.
Follow BDN writer Eric Russell on Twitter at @BDNPolitics.
Another assault by this administration and the Republican Party against Maine citizens.
Another assault against Maine workers, but now the injured party will be punished for being injured. Let Mainers be honest. This is nothing but an ALEC inspired piece of *&%$ intended to make insurance companies more money at the price of an arm, or a leg, or an eye.
my son lost one arm,and lost the use of his other one,plus lost most use of a leg.comp insured the junk his employer had.they should be held responsible as well as the employer for his accident,the way it looks,if he does get a settlement,comp and the lawyers will be the only ones walking away with any compensation.how greedy can our elected officials get?come on.
Some of the highest workers comp prices in the country is NOT good for workers. These changes, although we will still be on the liberal side of this issue nationally, should help small businesses – and thus workers – a little bit.
And oh yeah, 3 Democrats and the Independent voted for it in the Senate.
Yet another ATTACK on the workers of Maine in order to line the pockets of the insurance companies and their lackies in the State House. Bringing us back to the good old days of 1900 when the boss’s response to a worker maimed or killed was to roll them out of the way and hire an new one, for less money. I would ask how these legislators and this governor sleep at night, but it would be pointless-to have concern and compassion for anything other than $$$$ means you have to have a conscience. These people clearly have none.
And the George Costanzas howl with outrage at the threat of being denied their easy money.
if you think being without arms and a leg is easy,why dont you come let me remove them for you
If you’re stupid enough to let your arms and leg get ground up in a paper machine, why is it everybody else’s duty to support you?
It’s not always the EMPLOYEES that is injured fault! Many times injuries are caused by others!!! Your shallow thinking is part of the problem! You ASSUME it’s the persons fault who was injured!
Don’t waste your time on MENTAL CHALLENGED people.
The rupugs bumper sticker reads “working people vote Republican”. Only if they like being screwed!! VOTE THE ANTI- WORKERS OUT!!!
New appeals division? Sounds like that costs money?
Maine: Open for Business Owners.
So with all the reductions in benefits to injured folks, will we, who pay the outrageous sums MEMIC demands get a reduction in our cost? As an employer who pays for this coverage for my employees, my guess is NO. The insurance companies will get their increase (built in every year, don’t forget) and any unfortunate who happens to get injured gets the shaft! Way to go republicans.
as if workers comp isnt a big enough farce already,now politicians see a way to line their pockets with it.After my son was terribly injured at work,comp found a way to pay about half of what he should get weekly and if he gets any settlement,he has to re-pay it,leaving comp paying nothing.its just a safety net for cheapscate employers and now politicians want some of the bounty.disgraceful!!
personally,i dont think states,especially maine,should be in the insurance business.maine hasnt touched anything without screwing it all up simply because of our greedy lawmakers.i hope i live to see the people take back their lives
Kinda comical to see all the rhetoric on how insurance companies are lining their pockets, etc…..no one mentioned how the law firms have been lining their pockets for quite some time. Take a look at the fancy building in Topsham owned by the principle WC Attorneys…..we all helped pay for it. I support helping and compensating the injured worker, I just don’t want to send the lawyers kids to Harvard !
As a state we cannot afford welfare and workers comp. So guess who takes a hit to their wallet. I have been injured on the job in the past ( not my fault ) and needed workers comp until I could return to work. Others will never need it because they will never work.