Maine Revised Statutes Title 39-A Sec. 105 – Independent contractor and construction subcontractor status
Current as of: 2023 | Check for updates
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1. Independent contractor status. A worker may file with the board, on forms approved by the board, a statement that the worker performs work as an independent contractor.
A. The statement creates a rebuttable presumption, valid for one year from the date the statement is received by the board, that the worker is an independent contractor in any later claim for benefits under this Act. [PL 2023, c. 205, §1 (AMD).]
B. Nothing in this subsection requires a worker to file a statement with the board. [PL 2023, c. 205, §1 (AMD).]
Terms Used In Maine Revised Statutes Title 39-A Sec. 105
- 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- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Year: means a calendar year, unless otherwise expressed. See Maine Revised Statutes Title 1 Sec. 72
1-A. Construction subcontractor status. A person, as defined in section 105?A, subsection 1, paragraph E, may file with the board, on forms approved by the board, a statement that the person performs construction work in a manner that would not make the person an employee of a hiring agent, as defined in section 105?A, subsection 1, paragraph D.A. The statement creates a rebuttable presumption, valid for one year from the date the statement is received by the board, that the person is a construction subcontractor in any later claim for benefits under this Act. [PL 2023, c. 205, §1 (AMD).]B. Nothing in this subsection requires a person, as defined in section 105?A, subsection 1, paragraph E, to file a statement with the board. [PL 2023, c. 205, §1 (AMD).][PL 2023, c. 205, §1 (AMD).]
2. Premium adjustment. If a statement filed with the board pursuant to this section does not withstand board or judicial scrutiny when raised in a subsequent workers’ compensation claim, then, depending on the final outcome of that subsequent proceeding, either the workers’ compensation insurance carrier shall return excess premium collected or the employer shall remit premium subsequently due.[PL 2023, c. 205, §1 (AMD).]
3. Independent contractor and construction subcontractor information. The board shall post, on its publicly accessible website, information pertaining to independent contractor and construction subcontractor statements filed pursuant to this section.[PL 2023, c. 205, §1 (AMD).]
4. Hearing.[PL 2023, c. 205, §1 (RP).]
5. Certificate.[PL 2023, c. 205, §1 (RP).]
6. Rulemaking. The board is authorized to adopt reasonable rules pursuant to the Maine Administrative Procedure Act to implement the intent of this section, which is to afford speedy and equitable determination of construction subcontractor, as defined in section 105?A, subsection 1, paragraph B, and independent contractor status.[PL 2023, c. 205, §1 (AMD).]
SECTION HISTORYPL 1991, c. 885, §A8 (NEW). PL 1991, c. 885, §§A9-11 (AFF). PL 1993, c. 65, §1 (AMD). PL 1993, c. 120, §1 (AMD). PL 1993, c. 120, §6 (AFF). PL 2009, c. 569, §1 (AMD). PL 2013, c. 63, §§4, 5 (AMD). PL 2015, c. 297, §2 (AMD). PL 2023, c. 205, §1 (AMD).