Maine Revised Statutes Title 39-A Sec. 113 – Exemption for nonresident employees; reciprocity
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1. Exemption. An employee who is employed in another state and that employee’s employer are exempt from this Act with respect to that employee while the employee is temporarily in this State doing work for that employer if:
A. The employee is not a resident of this State and was not hired in this State; [PL 1995, c. 70, §1 (NEW).]
B. The employer does not have a permanent place of business in the State; [PL 1995, c. 70, §1 (NEW).]
C. The employee’s presence in this State for purposes of conducting employment activities does not exceed any of the following periods:
(1) Five consecutive days;
(2) Ten days in any 30-day period; or
(3) Thirty days in any 360-day period; [PL 1995, c. 70, §1 (NEW).]
D. The employer and employee are covered by the provisions of the workers’ compensation laws or similar laws of the other state and that law applies to them while they are working in this State; [PL 1995, c. 70, §1 (NEW).]
E. The employer has furnished workers’ compensation insurance coverage under the workers’ compensation laws or similar laws of the other state so as to cover the employee’s employment while in this State; [PL 1995, c. 70, §1 (NEW).]
F. The extraterritorial provisions of this Act covering employees in this State temporarily working in the other state are recognized in the other state; and [PL 1995, c. 70, §1 (NEW).]
G. Employers and employees covered in this State are exempt from the application of the workers’ compensation laws or similar laws of the other state under legislation comparable to this section. [PL 1995, c. 70, §1 (NEW).]
[PL 1995, c. 70, §1 (NEW).]
Terms Used In Maine Revised Statutes Title 39-A Sec. 113
- Board: means the Workers' Compensation Board created by section 151 and includes a designee of the board. See Maine Revised Statutes Title 39-A Sec. 102
- Employee: includes officials of the State and officials of counties, cities, towns, water districts and all other quasi-public corporations of a similar character, every duly elected or appointed executive officer of a private corporation other than a charitable, religious, educational or other nonprofit corporation, and every person in the service of another under any contract of hire, express or implied, oral or written, except: (1) Persons engaged in maritime employment or in interstate or foreign commerce who are within the exclusive jurisdiction of admiralty law or the laws of the United States, except that this section may not be construed to exempt from the definition of "employee" a person who is employed by the State and is thereby barred by the State's sovereign immunity from bringing a claim against that person's employer under admiralty law or other laws of the United States for claims that are otherwise cognizable under this Act;(2) Firefighters, including volunteer firefighters who are active members of a volunteer fire association as defined in Title 30?A, section 3151; volunteer emergency medical services persons as defined in Title 32, section 83, subsection 12; and police officers are employees within the meaning of this Act. See Maine Revised Statutes Title 39-A Sec. 102
- employer: includes :
A. See Maine Revised Statutes Title 39-A Sec. 102- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
2. Other state’s laws prevail. If the exemption provided in subsection 1 applies, the workers’ compensation laws or similar laws of the other state are the exclusive remedy against the employer in that state for any injury, whether resulting in death or not, received by an employee while working for that employer in this State.[PL 1995, c. 70, §1 (NEW).]
3. Certificate of compliance. A certificate from a duly authorized official of the workers’ compensation board or similar department or agency of the other state certifying that an employer is insured in that other state and has provided extraterritorial coverage insuring the employer’s employees while working within this State is prima facie evidence that the employer carries such compensation insurance.[PL 1995, c. 70, §1 (NEW).]
4. Reciprocal agreements. The board may enter into reciprocal agreements with workers’ compensation agencies of other states adopting legislation similar to this section to ensure efficient administration of the Act.[PL 1995, c. 70, §1 (NEW).]
SECTION HISTORYPL 1995, c. 70, §1 (NEW).