Maine Revised Statutes
Subchapter 1: BOARD PROCEEDINGS
39-A §322. Appeal from decision of appellate division or board

§322. Appeal from decision of appellate division or board
1.  Appeals.  Any party in interest may present a copy of the decision of the division or of the board, if the board has reviewed a decision pursuant to section 320, to the clerk of the Law Court within 20 days after receipt of notice of the filing of the decision by the division or the board. Within 20 days after the copy is filed with the Law Court, the party seeking review by the Law Court shall file a petition seeking appellate review with the Law Court that sets forth a brief statement of the facts, the error or errors of law that are alleged to exist and the legal authority supporting the position of the appellant. For purposes of an appeal from a decision issued pursuant to section 321‑B, subsection 3, only a decision of the division may be reviewed on appeal.  
[PL 2015, c. 469, §2 (AMD).]
2.  Procedures.  The Law Court shall establish and publish procedures for the review of petitions for appellate review of decisions of the board.  
[PL 1991, c. 885, Pt. A, §8 (NEW); PL 1991, c. 885, Pt. A, §§9-11 (AFF).]
3.  Discretionary appeal; action.  Upon the approval of 3 or more members of a panel consisting of no fewer than 5 Justices of the Law Court, the petition for appellate review may be granted. If the petition for appellate review is denied, the decision of the board is final. The petition must be considered on written briefs only.  
If the petition for appellate review is granted, the clerk of the Law Court shall notify the parties of the briefing schedule consistent with the Maine Rules of Civil Procedure and in all respects the appeal before the Law Court must be treated as an appeal in an action in which equitable relief has been sought, except that there may be no appeal upon findings of fact. The Law Court may, after due consideration, reverse, modify or affirm any decision of the board.  
[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). PL 2011, c. 647, §21 (AMD). PL 2015, c. 297, §17 (AMD). PL 2015, c. 469, §2 (AMD).

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