Butler v. City of Portland

Insurance Company

Maine Municipal Association

Date Decided

May 14, 2019

Panel Members

Glen Goodnough

Sue Jerome

Mike Stovall


Coordination of Benefits 14-Day Rule


Permanent Impairment Coordination of Benefits 14-Day Rule Multiple Benefit Sources

File Size

414 KB


Summary from the Troubh Heisler Attorneys

39-A MRS §221 allows an employer to coordinate an employee's WC incapacity benefits with his Social Security benefits, even though that employer did not pay into the Social Security system on the employee's behalf. Although an employer may have "actual knowledge" that its injured employee is losing time from work due to a work injury, the WCB's 14-day period to either pay incapacity benefits or file a Notice of Controversy does not begin to run until the employee “clearly expresses an affirmative claim” for WC incapacity benefits.

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