§306. Time for filing petitions
488 words·~2 min read·
/me/title-39-a-workers-compensation/chapter-7-procedures/306A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
1. Statute of limitations. Except as provided in this section, a petition brought under this Act is barred unless filed within 2 years after the date of injury or the date the employee's employer files a required first report of injury if required in section 303 , whichever is later.
[PL 2011, c. 647, §18 (AMD).]
2. Payment of benefits. If an employer or insurer pays benefits under this Act, with or without prejudice, within the period provided in subsection 1 , the period during which an employee or other interested party must file a petition is 6 years from the date of the most recent payment.
A. The provision of medical care for an injury or illness by or under the supervision of a health care provider employed by, or under contract with, the employer is a payment of benefits with respect to that injury or illness if:
(1)Care was provided for that injury or illness on 6 or more occasions in the 12-month period after the initial treatment; and
(2)The employer or the health care provider knew or should have known that the injury or illness was work-related.
For the purposes of this paragraph, "health care provider" has the same meaning as provided in rules of the board. [PL 2001, c. 435, §1 (NEW); PL 2001, c. 435, §2 (AFF).]
[PL 2001, c. 435, §1 (AMD); PL 2001, c. 435, §2 (AFF).]
3. Establishment of injury. If the occurrence of a work-related injury is established by board decree, mediation report or agreement of the parties without the payment of benefits as provided in subsection 2 , the period during which an employee or other interested party may file a petition is 6 years from the date of that decree, report or agreement.
[PL 1999, c. 354, §6 (NEW); PL 1999, c. 354, §10 (AFF).]
4. Physical or mental incapacity. If an employee is unable to file a petition because of physical or mental incapacity, the period of that incapacity is not included in the limitation period provided in subsection 1 .
[PL 1999, c. 354, §6 (NEW); PL 1999, c. 354, §10 (AFF).]
5. Mistake of fact. If an employee fails to file a petition within the limitation period provided in subsection 1 because of mistake of fact as to the cause or nature of the injury, the employee may file a petition within a reasonable time, subject to the 6-year limitation provided in subsection 2 .
[PL 1999, c. 354, §6 (NEW); PL 1999, c. 354, §10 (AFF).]
6. Death of employee. If an employee dies as a result of a work-related injury, a petition is barred unless filed within one year after the death or 2 years from the date of injury, whichever is later, but in any event not later than 6 years from the date of last payment.
[PL 1999, c. 354, §6 (NEW); PL 1999, c. 354, §10 (AFF).]