Current through 2024-51, December 18, 2024
Section 351-10-3 - Multiple Dates of Injury1. If there are multiple dates of injury and at least one date of injury pre-dates and at least one date of injury post-dates January 1, 1993, the provisions of this subsection apply. Attorney's fees must be allocated in proportion to one or more of the following factors: (1) the role each date of injury played in the litigation; (2) the extent to which each party precipitated the need for litigation; and (3) the ultimate success of the petition(s) alleging a particular date of injury. This analysis must be performed on a case-by-case basis.2. Once the allocation has been made, the employer/insurer must pay attorney's fees for any injuries that pre-date January 1, 1993 in accordance with 39 M.R.S.A. §110. For injuries that post-date January 1, 1993, the attorney may charge the employee a fee in accordance with section 1 of this rule.3. Disputes regarding the appropriate allocation of fees must be resolved by motion pursuant to subsection 2 of this rule.90- 351 C.M.R. ch. 10, § 3