§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
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