LD 1205 – An Act To Allow Full Retirement Benefits under the Maine Workers’ Compensation Act of 1992

Summary: This bill strikes the provisions of law that require an employer to offset an individual’s
workers’ compensation benefits based on retirement or pension benefits being received by that
individual. It also clarifies the law to avoid the interpretation of the Maine Supreme Court in Urrutia
v. Interstate Brands International, 2018 ME 24, 179 A.3d 312, which allowed an employer to take a
credit for past overpayments, due to the employer’s failure to take an allowable offset of benefits,
by reducing the employer’s ongoing payments of workers’ compensation benefits.

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