Maine Revised Statutes > Title 39-A > Part 1 – Maine Workers’ Compensation Act of 1992
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Terms Used In Maine Revised Statutes > Title 39-A > Part 1 - Maine Workers' Compensation Act of 1992
- Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
- Adult: means a person who has attained the age of 18 years. See Maine Revised Statutes Title 1 Sec. 72
- Adult education: means education programs primarily operated for individuals beyond the compulsory school ages and administered by school administrative units. See Maine Revised Statutes Title 20-A Sec. 1
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- After-tax average weekly wage: means average weekly wage, as defined in subsection 4, reduced by the prorated weekly amount that would have been paid under the Federal Insurance Contributions Act, 26 United States Code §§ 3101 to 3126, state income tax and federal income tax calculated on an annual basis, using as the number of exemptions the disabled employee's dependents plus the employee, and without excess itemized deductions. See Maine Revised Statutes Title 39-A Sec. 102
- Agent: means an individual appointed to serve in the capacity of a superintendent. See Maine Revised Statutes Title 20-A Sec. 1
- Agriculture: means the operation of farm premises, including:
A. See Maine Revised Statutes Title 39-A Sec. 102Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it. Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense. Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization Approved private school: means a private school approved for attendance purposes under chapter 117. See Maine Revised Statutes Title 20-A Sec. 1 Aquaculture: means the commercial production of cultured fish, shellfish, seaweed or other marine plants for human and animal consumption, including:
A. See Maine Revised Statutes Title 39-A Sec. 102average weekly wages: means the sum, having regard to the previous wages, earnings or salary of the injured employee and of other employees of the same or most similar class working in the same or most similar employment in the same or a neighboring locality, that reasonably represents the weekly earning capacity of the injured employee in the employment in which the employee at the time of the injury was working. See Maine Revised Statutes Title 39-A Sec. 102 Balanced budget: A budget in which receipts equal outlays. 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 Board member: means any member of the board, including the executive director. See Maine Revised Statutes Title 39-A Sec. 102 Board of directors: means the governing body with statutory powers and duties for a school administrative district. See Maine Revised Statutes Title 20-A Sec. 1 child: includes any dependent posthumous child whose mother is not living. See Maine Revised Statutes Title 39-A Sec. 102 Civil forfeiture: The loss of ownership of property used to conduct illegal activity. Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action. Community: means the area within a 75-mile radius of an employee's residence or the actual distance from an employee's normal work location to the employee's residence at the time of an employee's injury, whichever is greater. See Maine Revised Statutes Title 39-A Sec. 102 Community school district: means a state-approved unit of school administration composed of more than one municipality or school administrative district which may provide public education for any combination of kindergarten through grade 12. See Maine Revised Statutes Title 20-A Sec. 1 Compensation payment scheme: includes a decree of the board, payment under the early-pay system provided in former Title 39, section 51?B and, in case of injuries prior to January 1, 1984, an approved agreement. See Maine Revised Statutes Title 39-A Sec. 102 Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant. Continuance: Putting off of a hearing ot trial until a later time. Cooperative board: means the governing body with statutory powers and duties for a career and technical education region. See Maine Revised Statutes Title 20-A Sec. 1 Court reporter: A person who makes a word-for-word record of what is said in court and produces a transcript of the proceedings upon request. Dependent: means a member of an employee's family or that employee's next of kin who is wholly or partly dependent upon the earnings of the employee for support at the time of the injury. See Maine Revised Statutes Title 39-A Sec. 102 dependent of another person: means a widow or widower of a deceased employee that over 1/2 of that person's support during a calendar year was provided by the other person. See Maine Revised Statutes Title 39-A Sec. 102 Deputy: means either a full-time or part-time county law enforcement officer appointed under section 381. See Maine Revised Statutes Title 30-A Sec. 351 Design professional: means :
A. See Maine Revised Statutes Title 39-A Sec. 102Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial. District school committee: means the governing body with statutory powers and duties for a community school district. See Maine Revised Statutes Title 20-A Sec. 1 education service center: is a political subdivision pursuant to section 3802, subsection 7. See Maine Revised Statutes Title 20-A Sec. 3801 Elementary student: means a student enrolled in an elementary school. See Maine Revised Statutes Title 20-A Sec. 1 eligible institution: means the institutions of the University of Maine System, the Maine Community College System and the Maine Maritime Academy. See Maine Revised Statutes Title 20-A Sec. 4771 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. 102employer: includes :
A. See Maine Revised Statutes Title 39-A Sec. 102Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs. 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 Executive session: A portion of the Senate's daily session in which it considers executive business. Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller. Federal Deposit Insurance Corporation: A government corporation that insures the deposits of all national and state banks that are members of the Federal Reserve System. Source: OCC Fixed Rate: Having a "fixed" rate means that the APR doesn't change based on fluctuations of some external rate (such as the "Prime Rate"). In other words, a fixed rate is a rate that is not a variable rate. A fixed APR can change over time, in several circumstances: Fraud: Intentional deception resulting in injury to another. Full-time deputy: means a deputy who is compensated under section 386, subsection 1, and who is employed in county law enforcement for at least 40 hours a week. See Maine Revised Statutes Title 30-A Sec. 351 Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs. Harvesting forest products: means to sever and remove standing trees from a forest as a raw material for commercial purposes. See Maine Revised Statutes Title 39-A Sec. 102 Homeless student: means a person eligible to attend elementary or secondary school pursuant to section 5201 who:
- You are late making a payment or commit some other default, triggering an increase to a penalty rate
- The bank changes the terms of your account and you do not reject the change.
- The rate expires (if the rate was fixed for only a certain period of time).
A. See Maine Revised Statutes Title 20-A Sec. 1Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate. Insurance company: means any casualty insurance company or association authorized to do business in this State that may issue policies conforming to subsection 19 and includes the Maine Employers' Mutual Insurance Company. See Maine Revised Statutes Title 39-A Sec. 102 Joint committee: means the governing body with statutory powers and duties for implementing a contract for secondary education under chapter 115. See Maine Revised Statutes Title 20-A Sec. 1 Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation. Kindergarten: means a one-year or 2-year childhood education program, for children at least 5 years of age, immediately prior to grade one. See Maine Revised Statutes Title 20-A Sec. 1 Majority: when used in reference to age shall mean the age of 18 and over. See Maine Revised Statutes Title 1 Sec. 72 Month: means a calendar month. See Maine Revised Statutes Title 1 Sec. 72 Municipal officers: means the mayor and municipal officers or councilors of a city, the members of the select board or councilors of a town and the assessors of a plantation. See Maine Revised Statutes Title 1 Sec. 72 Municipal school unit: means a state-approved unit of school administration composed of a single municipality. See Maine Revised Statutes Title 20-A Sec. 1 Municipality: means a city, town or organized plantation. See Maine Revised Statutes Title 20-A Sec. 3801 Oversight: Committee review of the activities of a Federal agency or program. Parent: means a parent, guardian or legal guardian. See Maine Revised Statutes Title 20-A Sec. 1 Permanent impairment: means any anatomic or functional abnormality or loss existing after the date of maximum medical improvement that results from the injury. See Maine Revised Statutes Title 39-A Sec. 102 Permanent incapacity: means a guardian or conservator has been appointed by a court of competent jurisdiction to manage the affairs of an office holder. See Maine Revised Statutes Title 30-A Sec. 1 Principal: means the person who supervises the operation and management of a school and school property as determined necessary by the superintendent under policies established by the school board. See Maine Revised Statutes Title 20-A Sec. 1 Private employer: includes corporations, including professional corporations, partnerships and natural persons. See Maine Revised Statutes Title 39-A Sec. 102 Private school: means an academy, seminary, institute or other private corporation or body formed for educational purposes covering kindergarten through grade 12 or any portion thereof. See Maine Revised Statutes Title 20-A Sec. 1 professional corporation: means a domestic or foreign professional corporation as defined in Title 13, section 723. See Maine Revised Statutes Title 39-A Sec. 102 Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government. Public preschool program: means a program offered by a public elementary school pursuant to chapter 203 that provides instruction to children who are 4 years of age, including but not limited to a Head Start program that is approved as a component of the public preschool program. See Maine Revised Statutes Title 20-A Sec. 1 Public school: means a school that is governed by a school board of a school administrative unit and funded primarily with public funds. See Maine Revised Statutes Title 20-A Sec. 1 Publicly supported secondary school: means :
A. See Maine Revised Statutes Title 20-A Sec. 1Pupil: means elementary or secondary school student. See Maine Revised Statutes Title 20-A Sec. 15001 Regional school unit: means the state-approved unit of school administration as established pursuant to chapter 103?A. See Maine Revised Statutes Title 20-A Sec. 1 registered mail: when used in connection with any requirement for notice by mail shall mean either registered mail or certified mail. See Maine Revised Statutes Title 1 Sec. 72 Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant. Remand: When an appellate court sends a case back to a lower court for further proceedings. Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals). Representatives: includes executors and administrators. See Maine Revised Statutes Title 39-A Sec. 102 School administrative district: means a state-approved unit of school administration, composed of one or more municipalities which must provide public education to all public school students in the district. See Maine Revised Statutes Title 20-A Sec. 1 School administrative unit: means the state-approved unit of school administration and includes a municipal school unit, school administrative district, community school district, regional school unit or any other municipal or quasi-municipal corporation responsible for operating or constructing public schools, except that it does not include a career and technical education region. See Maine Revised Statutes Title 20-A Sec. 1 School board: means the governing body with statutory powers and duties for a school administrative unit. See Maine Revised Statutes Title 20-A Sec. 1 School committee: means the governing body with statutory powers and duties for a municipal school unit. See Maine Revised Statutes Title 20-A Sec. 1 seasonal worker: includes , but is not limited to, any employee who is employed directly in agriculture or in the harvesting or initial hauling of forest products. See Maine Revised Statutes Title 39-A Sec. 102 Secondary school: means that portion of a school that provides instruction in any combination of grades 9 through 12. See Maine Revised Statutes Title 20-A Sec. 1 Secondary student: means a student enrolled in a secondary school. See Maine Revised Statutes Title 20-A Sec. 1 Semester: means the fall, spring or summer term of an academic year. See Maine Revised Statutes Title 20-A Sec. 4771 State agency client: means a child with a disability who is 3 years of age or older and under 22 years of age who requires an individualized education program in order to access a free, appropriate public education and who is:
A. See Maine Revised Statutes Title 20-A Sec. 1State valuation: means the value certified to the Secretary of State as provided in Title 36, section 305, subsection 1. See Maine Revised Statutes Title 20-A Sec. 1 student: means a person regularly pursuing a full-time course of study or training at an institution that is:
(1) A school, college or university operated or directly supported by the United States or by any state or local government or political subdivision thereof;
(2) A school, college or university that has been accredited by a state or by a state-recognized or nationally recognized accrediting agency or body;
(3) A school, college or university not accredited pursuant to subparagraph (2) but whose credits are accepted, on transfer, for credit on the same basis as if transferred from an accredited institution by not fewer than 3 institutions accredited pursuant to subparagraph (2); or
(4) An additional type of educational or training institution as defined by the board, but not after the dependent reaches the age of 23 or has completed 4 years of education beyond the high school level, except that, when the dependent's 23rd birthday occurs during a semester or other enrollment period, the dependent continues to be considered a student until the end of the semester or other enrollment period. See Maine Revised Statutes Title 39-A Sec. 102Subpoena: A command to a witness to appear and give testimony. Superintendent: means the person in a school administrative unit or school union appointed and having the authority and responsibility under this Title and other applicable statutes. See Maine Revised Statutes Title 20-A Sec. 1 Testify: Answer questions in court. Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident. Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition. Writ: A formal written command, issued from the court, requiring the performance of a specific act.