Reductions or discontinuances pursuant to 39-A M.R.S.A. §205(9)(A) are governed by this section.
1. Except as provided in paragraph (2) of this sub-section, reductions and discontinuances pursuant to 39-A M.R.S.A. §205(9)(A) must be based on the employee's actual earnings.2. An employer may discontinue benefits regardless of the employee's actual earnings if: A. The employee returns to work without restrictions or limitations, due to the injury for which benefits are being paid, according to the employee's treating health care providers; andB. There are no conflicting medical records with respect to the lack of restrictions or limitations due to the injury for which benefits are being paid.C. For purposes of this subsection, return to work includes periods where: (1) The employee is released to return to work without restrictions or limitations due to the injury for which benefits are being paid by the employee's treating health care providers;(2) There are no conflicting medical records with respect to the lack of restrictions or limitations due to the injury for which benefits are being paid; and(3) The employee, instead of returning to work, receives vacation pay, "paid time off" or its equivalent, or holiday pay instead of regular wages.3. The Discontinuance or Modification of Compensation (WCB-4) shall be filed by the employer or insurer within 14 days after the employee returns to work or receives an increase in pay discontinuance or reduction pursuant to 39-A M.R.S.A. §205(9)(A).90- 351 C.M.R. ch. 8, § 11