Maine Petition For Review of Incapacity

State:
Maine
Control #:
ME-SKU-0792
Format:
PDF
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Description

Petition For Review of Incapacity

The Maine Petition for Review of Incapacity provides a legal process for individuals who are declared incapacitated to receive a review of that ruling. This type of petition is a legal request for the court to decide whether a person is in fact incapacitated, as determined by a doctor or other medical professional. The petition can be filed by the individual or by another person on their behalf, such as a family member, friend, or legal representative. There are two types of Maine Petition for Review of Incapacity: a Traditional Petition for Review of Incapacity and a Special Needs Trust Petitions for Review of Incapacity. The Traditional Petition for Review of Incapacity is used when an individual is declared legally incapable of managing their own affairs. The Special Needs Trust Petitions for Review of Incapacity is used when an individual is declared legally incapable of managing their own funds or assets. The petition must include all relevant information about the individual’s medical condition and any other pertinent facts that may be relevant to the court’s decision.

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FAQ

Workers' compensation in Maine functions by providing medical and financial assistance to employees injured during work-related activities. Workers report their injuries to their employer and file a claim with their insurance carrier. If complications arise, such as disputes regarding incapacity, utilizing a Maine Petition For Review of Incapacity can guide you through the process.

The maximum compensation rate for injuries on or after January 1, 2020 is 125% of the State Average Weekly Wage. Update for 2022: the state average weekly wage (SAWW) to $1,036.13. Provides that the maximum for injuries occurring July 1, 2022, through June 30, 2023, is $1295.16.

For further assistance, contact the Maine Workers' Compensation Board, ADA Coordinator, telephone: (888) 801-9087 or TTY (877) 832-5525.

A rating of 100 percent means that you have a permanent total disability.

A 0% MMI rating means that you have fully recovered, while anything above indicates a reduction in functionality. The reason for an MMI rating is to allow the DWC to assign a value to your claim. The higher your MMI rating, the more compensation you are entitled to receive.

You will receive a disability rating that includes a list of work restrictions and capabilities. With this information, you and your employer know which tasks you can perform as well as the ones you can no longer do. If your condition is still serious after reaching MMI, you may never be able to return to work.

MMI is the point in an employee's treatment where the doctor tells them further improvement in their medical condition is no longer possible. This doesn't mean that they are completely healed or as 'good as new. ' It means that whatever their condition is right now is as good as it will ever be.

Once you give notice of your injuries, your employer must fill out a form called a "First Report of Injury" within seven days. Your employer must file the report with the Maine Workers' Compensation Board and provide a copy to you and its insurance company.

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Maine Petition For Review of Incapacity