Butler v. City of Portland
Maine Municipal Association
May 14, 2019
CategoriesCoordination of Benefits 14-Day Rule
Permanent Impairment Coordination of Benefits 14-Day Rule Multiple Benefit Sources
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.