Section 351-2-5 - Requests for Extension of Benefits Pursuant to 39-A M.R.S.A. section 213(1)1. Cessation of benefits pursuant to 39-A M.R.S.A. §213(1) if no order or award of compensation or compensation scheme has been entered. A. Prior to cessation of benefits pursuant to 39-A M.R.S.A. §213(1), the employer must notify the employee that the employee's lost time benefits are due to expire. The notice must be sent at least 21 days in advance of the expiration date, and must include the date the lost time benefits are due to expire and the following paragraph: If you are experiencing extreme financial hardship due to inability to return to gainful employment, you may be eligible for an extension of your weekly benefits. To request such an extension, you must file a Petition for Extension of Benefits within 30 calendar days of the date that benefits expire, or, in cases where the expiration date is contested, within 30 calendar days of a final decree as to the expiration date.
B. Failure to send the required notice will automatically extend the employee's entitlement to lost time benefits for the period that the notice was not sent.C. Notice shall be considered "sent" if it is mailed to the last address to which a compensation check was sent. 1-A. Cessation of benefits pursuant to 39-A M.R.S.A. §213(1) if an order or award of compensation or compensation scheme has been entered. A. The employer must file a Petition to Terminate Benefit Entitlement which shall contain notice to the employee regarding the process for requesting an extension of benefits.B. If the Petition to Terminate Benefit Entitlement is granted, the decree shall contain the following language: If you are experiencing extreme financial hardship due to inability to return to gainful employment, you may be eligible for an extension of your weekly benefits. To request such an extension, you must file a Petition for Extension of Benefits within 30 calendar days of the date of this decree or, if an appeal is filed, within 30 calendar days after the appeal is final.
2. An employee must file a Petition for Extension of Benefits within 30 calendar days of the date that benefits expire, or, in cases where the expiration date is contested, within 30 calendar days of a final decree as to the expiration date. The petition must be served by certified mail, return receipt requested, to the other parties named in the petition.3. No response to a petition filed under subsection 2 is required. It will be presumed that all allegations are denied.4. The employee must file responses to the questions contained in Appendix I attached to this rule within 30 days of the date the employee's petition is filed. The responses must be sent to the employer/insurer. Failure to provide the required responses may result in dismissal with prejudice of the petition, exclusion of evidence, or other sanction that the Board deems just.5. The employer must turn over any documentary evidence it intends to introduce at hearing at least 15 days prior to the hearing. The information must be sent to the employee. Failure to provide the required evidence may result in exclusion of evidence or other sanction that the Board deems just.6. Hearings will be held expeditiously in all cases. Hearings will take place before the Board of Directors. A majority vote of the membership of the Board will be required to extend benefits under this rule. Either the General Counsel or the Assistant General Counsel will be present to assist the Board with legal issues.7. Parties will be allowed to present relevant evidence along with closing arguments on the date of the hearing. Unless extraordinary circumstances warrant, evidence submitted after the hearing will not be accepted.8. In cases where benefits have been extended, a Petition for Reconsideration of Extended Benefits may be filed by the employer responsible for payment of the additional benefits. The employer must establish a material change in circumstances since the previous order. Orders extending benefits beyond 520 weeks are not subject to review more often than every two years from the date of the board order allowing an extension.90- 351 C.M.R. ch. 2, § 5