Maine Revised Statutes

Me. Rev. Stat. tit. 39-A, § 203 (2026)

Incarceration of employee

✓ current as of May 2026
Find cases: SyfertCases citing this section ME-LEGlegislature.maine.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar
1.  Compensation while incarcerated.  Compensation for incapacity under section 212 or 213 or under any prior workers' compensation laws may not be paid to any person during any period of incarceration imposed in this State or any other jurisdiction after conviction of a criminal offense, except in relation to compensable injuries suffered during incarceration and while the prisoner is:  
A. Employed by a private employer;   [PL 1991, c. 885, Pt. A, §8 (NEW); PL 1991, c. 885, Pt. A, §§9-11 (AFF).]
B. Participating in a work release program;   [PL 1991, c. 885, Pt. A, §8 (NEW); PL 1991, c. 885, Pt. A, §§9-11 (AFF).]
C. [PL 2013, c. 133, §36 (RP).]
D. Employed in a program established under a certification issued by the United States Department of Justice under 18 United States Code, Section 1761;   [PL 2009, c. 529, §5 (AMD).]
E. Employed while in a supervised community confinement program pursuant to Title 34‑A, section 3036‑A;   [PL 2009, c. 529, §5 (AMD).]
F. A prisoner in a county jail under final sentence of 72 hours or less and is assigned to work outside of a county jail; or   [PL 2009, c. 529, §5 (NEW).]
G. Employed while in a community confinement monitoring program pursuant to Title 30‑A, section 1659‑A.   [PL 2009, c. 529, §5 (NEW).]
[PL 2013, c. 133, §36 (AMD).]
2.  Compensation forfeited.  All compensation that is not payable under subsection 1 is forfeited.  
[PL 1991, c. 885, Pt. A, §8 (NEW); PL 1991, c. 885, Pt. A, §§9-11 (AFF).]
SECTION HISTORY
PL 1991, c. 885, §A8 (NEW). PL 1991, c. 885, §§A9-11 (AFF). PL 1995, c. 293, §1 (AMD). PL 1995, c. 293, §2 (AFF). PL 2009, c. 142, §§18-20 (AMD). PL 2009, c. 529, §5 (AMD). PL 2013, c. 133, §36 (AMD).
Notes of Decisions
Cited in 2 cases, 1994–2002 · leading case: Bernier v. Data Gen. Corp., 2002 ME 2 (Me. 2002).
Bernier v. Data Gen. Corp., 2002 ME 2 (Me. 2002). “There we addressed 39-A M.R.S.A. § 203 (2001), a statute not listed section A-10, which provides that “Compensation for incapacity under section 212 or 213” cannot be paid to prisoners.”
Gifford v. Nelson Freightways, 645 A.2d 11 (Me. 1994). “They stopped paying benefits to Gifford, who has been incarcerated since 1990, on the ground that he is no longer entitled to receive payment pursuant to 39-A M.R.S.A. § 203 (Supp.1993) (a workers’ compensation recipient who becomes incarcerated forfeits his benefits).”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.