§302. Sufficiency of notice; knowledge of employer; extension of time for notice
A notice given under section 301 may not be held invalid or insufficient by reason of any inaccuracy in stating any of the facts required for proper notice, unless it is shown that it was the intention to mislead and that the employer was in fact misled by the notice. Want of notice is not a bar to proceedings under this Act if it is shown that the employer or the employer's agent had knowledge of the injury. Any time during which the employee is unable by reason of physical or mental incapacity to give the notice, or fails to do so on account of mistake of fact, may not be included in the computation of proper notice. In case of the death of the employee within that period, there is allowed for giving the notice 3 months after the death. [PL 2011, c. 647, §17 (AMD).]
SECTION HISTORY
PL 1991, c. 885, §A8 (NEW). PL 1991, c. 885, §§A9-11 (AFF). PL 2011, c. 647, §17 (AMD).
Structure Maine Revised Statutes
TITLE 39-A: WORKERS' COMPENSATION
Part 1: MAINE WORKERS' COMPENSATION ACT OF 1992
Subchapter 1: BOARD PROCEEDINGS
39-A §301. Notice of injury within 90 days
39-A §302. Sufficiency of notice; knowledge of employer; extension of time for notice
39-A §305. Petition for award; protective decree
39-A §306. Time for filing petitions
39-A §307. Procedure for filing petitions; no response required; mediation
39-A §309. Subpoenas; evidence; discovery
39-A §311. Inadmissible statements
39-A §312. Independent medical examiners
39-A §313. Procedure upon notice of controversy or other indication of controversy; mediation
39-A §315. Time and place of formal hearing
39-A §316. Guardians and other representatives for minors and incompetents
39-A §317. Appearance by authorized officer, employee or advocate
39-A §318. Hearing and decision
39-A §319. Petition for reopening
39-A §320. Review by full board
39-A §321. Reopening for mistake of fact or fraud
39-A §321-A. Appellate Division
39-A §321-B. Appeal from administrative law judge decision
39-A §322. Appeal from decision of appellate division or board
39-A §323. Enforcement of board decision
39-A §324. Compensation payments; penalty
39-A §325. Costs; attorney's fees allowable
39-A §326. Death of petitioner
39-A §327. When employee killed or unable to testify
39-A §328-A. Communicable disease contracted by emergency rescue or public safety worker
39-A §328-B. Cancer suffered by a firefighter
39-A §328-C. Heart disease or hypertension suffered by certain employees