LD 1203 – An Act To Clarify the Retirement Presumption under the Maine Workers’ Compensation Act of 1992

Summary: Once an individual receiving workers’ compensation benefits retires and is receiving
retirement benefits, there is a presumption that the individual is no longer eligible for workers’
compensation benefits related to loss of earnings or earning capacity. Under current law, this
presumption may be rebutted by evidence that the individual is unable to perform suitable work
because of the work-related disability.

This bill lowers the evidentiary burden on the retired individual collecting workers’ compensation
benefits by providing that evidence that the individual’s retirement was due at least in part to a
work-related disability is sufficient to continue eligibility for workers’ compensation benefits related
to loss of earnings or earning capacity.

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