Me. Rev. Stat. » Title 39
Maine Revised Statutes

Me. Rev. Stat. tit. 39, § 54 (2026)

Compensation for total incapacity

✓ current as of May 2026
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(REPEALED)
SECTION HISTORY
PL 1965, c. 408, §3 (AMD). PL 1965, c. 489, §5 (AMD). PL 1971, c. 225, §§1,2 (AMD). PL 1971, c. 325 (AMD). PL 1973, c. 543, §1 (AMD). PL 1973, c. 557, §2 (AMD). PL 1973, c. 788, §223 (AMD). PL 1975, c. 493, §1 (AMD). PL 1977, c. 278, §3 (AMD). PL 1981, c. 483, §1 (AMD). PL 1983, c. 479, §8 (AMD). PL 1985, c. 372, §A16 (AMD). PL 1987, c. 559, §B25 (RP).
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Notes of Decisions
Cited in 26 cases, 1967–2007 · leading case: Terry v. St. Regis Paper Co., 459 A.2d 1106 (Me. 1983).
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Terry v. St. Regis Paper Co., 459 A.2d 1106 (Me. 1983). · cites it 8× “493, codified at 39 M.R.S.A. § 54 (1978), which became effective October 1, 1975.”
Morrison v. Burlington Indus., 282 S.E.2d 458 (N.C. 1981). · cites it 2× “Me.Rev.Stat. tit. 39, §§ 54 and 55. [12] New Mexico defines the causal relation between an industrial "injury" and total or partial "disability," respectively, as meaning a "condition whereby a workman, by reason of an [industrial injury]" is "wholly unable" or "unable to some…”
Marchand v. E. Welding Co., 641 A.2d 190 (Me. 1994). · cites it 4× “29, 1974); see also 39 M.R.S.A. § 54 (Supp.1973), amended by P.”
Bernard v. Cives Corp., 395 A.2d 1141 (Me. 1978). · cites it 3× “70 per week, reflected a rate of compensation for total incapacity based on the statutory ceiling applicable to Bernard at the time of his injury, 100% of the statewide average weekly wage, as adjusted under the so-called “inflation-deflation” provision in 39 M.R.S.A. § 54…”
Bouford v. Bath Iron Works Corp., 514 A.2d 470 (Me. 1986). · cites it 2× “It provides compensation for total incapacity, 39 M.R.S.A. § 54; partial incapacity, 39 M.”
Campbell v. Bates Fabrics, Inc., 422 A.2d 1014 (Me. 1980). · cites it 2× “39 M.R.S.A. § 54 as amended by P.L.1971, ch.”
St. Pierre v. St. Regis Paper Co., 386 A.2d 714 (Me. 1978). “See 39 M.R.S.A. §§ 54, 55, 58 (Supp.1977). Section 2(2) of Title 39 sets forth several methods of computing the injured employee’s “ ‘average weekly wages, earnings or salary.”
Wentzell v. Timberlands, Inc., 412 A.2d 1213 (Me. 1980). “At one time, this provision made sense since there was a limit on the number of weeks that payments could be made under either 39 M.R.S.A. § 54 or 39 M.R.S.A. § 55. In 1965, the limit on payments under Section 54 was removed.”
Juliano v. Ameri-cana Transp., 2007 ME 9 (Me. 2007). · cites it 3× “2 The law in effect at the time of the 1981 and 1986 injuries provided for annual inflation adjustments for total incapacity benefits, see 39 M.R.S.A. § 54 (1978); 3 39 *1247 M.R.S.”
Warren v. H.T. Winters Co., 537 A.2d 583 (Me. 1988). · cites it 2× “39 M.R.S.A. § 54 (Pamph. 1987). Section 2(2)(A) defines average weekly wages as the amount which [the employee] was receiving at the time of the injury for the hours and days constituting a regular full working week in the employment or occupation in which he was engaged when…”
Cummings v. Cummings, 540 A.2d 778 (Me. 1988). “Workers’ compensation benefits are awarded an injury that was sustained while one was employed and, although that event may have occurred during the period of the marriage, the compensation is awarded to replace the injured employee’s loss of ability to work in the future.”
Wentworth v. Manpower Temp. Servs., 589 A.2d 934 (Me. 1991). “As of the date of Wentworth’s injury, the early-pay system computed the amount of payments for incapacity under either 39 M.R.S.A. § 54 (Pamph.1984) (compensation for total incapacity) or 39 M.”
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