September 2009

(view adopted Rule)

In response to the Law Court’s holding in Foley v. Verizon, 2007 ME 128, the Board has adopted an amendment to Chapter 9 of the Workers’ Compensation Board Rules. Under the new rule, an offset for lump sum or periodic payments paid over a period less than the employee’s life expectancy must be determined by dividing the lump sum amount by the employee’s life expectancy, then converting that weekly benefit into an after-tax amount by using the wage tables. The new rule is effective as of September 16, 2009.