Pursuant to P.L. 2009, c. 280, reductions and/or discontinuances based on earnings when an employee returns to work with a different employer and an employer/insurer has filed a 21-day certificate of discontinuance or a Petition for Review are governed by this section.
1. Actual documented earnings must be provided by the employee or the employee's representative to the employer/insurer within 7 days of the employee's return to work as required by 39-A M.R.S.A. §308(1). Actual documented earnings must be received by the employer/insurer from the employee or the employee's representative in writing. The documentation may be pay stubs or other suitable written evidence to substantiate the discontinuance or reduction.2.Reduction or discontinuance pursuant to §205(9)(B)(1)A. When benefits are discontinued or reduced pursuant to §205(9)(B)(1), actual documented earnings means the written documentation relied upon by the employer/insurer to justify the reduction or discontinuance indicated in the 21-day certificate of discontinuance.B. The employer/insurer must include, with the 21-day certificate of discontinuance, form WCB-231A (Employee's Return to Work Report) along with the following statement: NOTICE
Your weekly benefits will be reduced or discontinued each week to the amount shown on the 21-day certificate of discontinuance. You are required to provide documentation to the insurer of your weekly earnings for the 21-day period by completing the enclosed "Employee's Return to Work Report." If you fail to provide documentation, the reduction or discontinuance shown on the 21-day certificate of discontinuance shall remain in effect and your benefits will not be adjusted.
C. Within 14 calendar days after the expiration of the 21-day period, or within 14 days after receipt of documentation from the employee if the documentation is received after the expiration of the 21-day period, the employer/insurer shall file with the Board the documentation it has received along with an amended form WCB-8 which shall also include any necessary adjustments based on the documentation received by the employer/insurer.3.Reduction or discontinuance pursuant to §205(9)(B)(2)A. When benefits are discontinued or reduced pursuant to §205(9)(B)(2), actual documented earnings means the written documentation relied upon by the employer/insurer to justify the reduction or discontinuance requested in the Petition for Review.B. In addition to the Petition for Review, the employer/insurer shall send to the employee form WCB-231A (Employee's Return to Work Report) along with the following statement: NOTICE
Your weekly benefits will be reduced or discontinued each week to the amount shown on the Petition for Review. You are required to provide documentation to the insurer of your weekly earnings while the Petition for Review is pending before the Workers' Compensation Board by completing the enclosed form "Employee's Return to Work Report." If you fail to provide documentation, the reduction or discontinuance shown on the Petition for Review shall remain in effect and your benefits will not be adjusted.
C. The employer/insurer shall file the actual documented earnings referenced in sub-§(1) of this section and form WCB-4 showing the adjustment that was made with the Board at the same time it files the Petition for Review. Thereafter, the employer/insurer shall, within 30 days after receipt of actual documented earnings, file with the Board the actual documentation it has received along with form WCB-4 showing the adjustment that was made.90- 351 C.M.R. ch. 8, § 15