Maine Revised Statutes > Title 39-A > Part 1 > Chapter 1 – General Provisions
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Terms Used In Maine Revised Statutes > Title 39-A > Part 1 > Chapter 1 - General Provisions
- 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
- Agriculture: means the operation of farm premises, including:
A. See Maine Revised Statutes Title 39-A Sec. 102Aquaculture: 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. 102Attachment: A procedure by which a person's property is seized to pay judgments levied by the court. average 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 Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC 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 child: includes any dependent posthumous child whose mother is not living. See Maine Revised Statutes Title 39-A Sec. 102 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 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 Contract: A legal written agreement that becomes binding when signed. Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name. Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. Decedent: A deceased person. 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: A person dependent for support upon another. Design professional: means :
A. See Maine Revised Statutes Title 39-A Sec. 102Domestic partner: means one of 2 unmarried adults who are domiciled together under long-term arrangements that evidence a commitment to remain responsible indefinitely for each other's welfare. See Maine Revised Statutes Title 1 Sec. 72 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 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. 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 in writing: include printing and other modes of making legible words. See Maine Revised Statutes Title 1 Sec. 72 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 Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases. Lien: A claim against real or personal property in satisfaction of a debt. Municipality: includes cities, towns and plantations, except that "municipality" does not include plantations in Title 10, chapter 110, subchapter IV; or Title 30?A, Part 2. See Maine Revised Statutes Title 1 Sec. 72 Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period. Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses. 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 Private employer: includes corporations, including professional corporations, partnerships and natural persons. See Maine Revised Statutes Title 39-A Sec. 102 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 Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide. Real estate: includes lands and all tenements and hereditaments connected therewith, and all rights thereto and interests therein. See Maine Revised Statutes Title 1 Sec. 72 Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land. Representatives: includes executors and administrators. See Maine Revised Statutes Title 39-A Sec. 102 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 Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims. 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. 102Tort: 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. United States: includes territories and the District of Columbia. See Maine Revised Statutes Title 1 Sec. 72 Year: means a calendar year, unless otherwise expressed. See Maine Revised Statutes Title 1 Sec. 72