Maine Revised Statutes
Subchapter 1: BOARD PROCEEDINGS
39-A §310. Protection

§310. Protection
Except for statements made in proceedings before the board, a statement to any investigator or employer's representative, of any kind, oral or written, recorded or unrecorded, made by the injured employee is not admissible in evidence or considered in any way in any proceeding under this Act, except in accordance with this section.   [PL 1991, c. 885, Pt. A, §8 (NEW); PL 1991, c. 885, Pt. A, §§9-11 (AFF).]
1.  Admissible statements.  A statement made to any investigator or employer's representative, of any kind, oral or written, recorded or unrecorded, made by the injured employee is admissible in evidence or may be considered in proceedings only if:  
A. It is in writing;   [PL 1991, c. 885, Pt. A, §8 (NEW); PL 1991, c. 885, Pt. A, §§9-11 (AFF).]
B. A true copy of the statement is delivered to the employee by certified mail; and   [PL 1991, c. 885, Pt. A, §8 (NEW); PL 1991, c. 885, Pt. A, §§9-11 (AFF).]
C. The employee has been previously advised in writing of the following:  
(1) That the statement may be used against the employee;  
(2) That the employer or insurance carrier may have pecuniary interest adverse to the employee;  
(3) That the employee may consult with counsel prior to making any statements;  
(4) That the employee may decline to make any statement; and  
(5) That the employer may not discriminate against the employee in any manner for refusing to make such a statement or exercising in any way the employee's rights under this Act.   [PL 1991, c. 885, Pt. A, §8 (NEW); PL 1991, c. 885, Pt. A, §§9-11 (AFF).]
[PL 1991, c. 885, Pt. A, §8 (NEW); PL 1991, c. 885, Pt. A, §§9-11 (AFF).]
2.  Exception.  This section does not apply to agreements for the payment of compensation made pursuant to this Act or to the admissibility of statements to show compliance with the notice requirements of sections 301 and 302.  
[RR 1993, c. 1, §139 (COR).]
3.  Application.  This section applies only to employees injured prior to June 30, 1985.  
[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). RR 1993, c. 1, §139 (COR).

Structure Maine Revised Statutes

Maine Revised Statutes

TITLE 39-A: WORKERS' COMPENSATION

Part 1: MAINE WORKERS' COMPENSATION ACT OF 1992

Chapter 7: PROCEDURES

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 §303. Reports to board

39-A §304. Board 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 §308. Employment

39-A §309. Subpoenas; evidence; discovery

39-A §310. Protection

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 §314. Arbitration

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. Cardiovascular injury or disease and pulmonary disease suffered by a firefighter or resulting in a firefighter's death

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

39-A §329. Interpreter required