§305. Petition for award; protective decree
In the event of a controversy as to the responsibility of an employer for the payment of compensation, any party in interest may file in the office of the board a petition for award of compensation setting forth the names and residences of the parties, the facts relating to the employment at the time of the injury, the knowledge of the employer or notice of the occurrence of the injury, the character and extent of the injury and the claims of the petitioner with reference to the injury, together with such other facts as may be necessary and proper for the determination of the rights of the petitioner. [PL 1991, c. 885, Pt. A, §8 (NEW); PL 1991, c. 885, Pt. A, §§9-11 (AFF).]
If, following an injury that causes no incapacity for work, the employer and employee reach an agreement that the employee has received a personal injury arising out of and in the course of employment, a memorandum of such an agreement signed by the parties may be filed in the office of the board. The memorandum must set forth the names and residences of the parties, the facts relating to the employment at the time of the injury, the time, place and cause of the injury, and the nature and extent of the injury. Any member of the board is empowered, without the necessity of the filing of a petition for award, to render a protective decree based on that memorandum. [PL 1991, c. 885, Pt. A, §8 (NEW); PL 1991, c. 885, Pt. A, §§9-11 (AFF).]
SECTION HISTORY
PL 1991, c. 885, §A8 (NEW). PL 1991, c. 885, §§A9-11 (AFF).
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