§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
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