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

Me. Rev. Stat. tit. 39-A, § 224 (2026)

Adjustment to partial incapacity benefit payments for injuries prior to November 20, 1987

✓ current as of May 2026
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The annual adjustment made pursuant to former Title 39, sections 55 and 55-A must be made as follows. The preinjury average weekly wage must first be adjusted to reflect the annual inflation or deflation factors as computed by the Maine Unemployment Insurance Commission for each year from the date of injury to the date of calculation. Once this weekly benefit amount is calculated, the amount must continue to be adjusted annually so that it continues to bear the same percentage relationship to the average weekly wage in the State as computed by the Maine Unemployment Insurance Commission as it did at the time of the injury. This section clarifies the method of calculating the annual adjustment to benefits under former Title 39, sections 55 and 55-A and applies to all benefit calculations pursuant to those sections.   [PL 2001, c. 390, §1 (NEW); PL 2001, c. 390, §2 (AFF).]
SECTION HISTORY
PL 2001, c. 390, §1 (NEW). PL 2001, c. 390, §2 (AFF).
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Notes of Decisions
Cited in 5 cases, 2001–2004 · leading case: Grubb v. S.D. Warren Co., 2003 ME 139 (Me. 2003).
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Grubb v. S.D. Warren Co., 2003 ME 139 (Me. 2003). · cites it 8× “Warren Company appeals from a decision of a hearing officer of the Workers' Compensation Board ( Jerome, HO ) granting Carl Grubb's petition for restoration and awarding him partial incapacity benefits pursuant to 39-A M.R.S.A. § 224 (Supp.2002). S.D. Warren contends that it was…”
Morrissette v. Kimberly-Clark Corp., 2003 ME 138 (Me. 2003). · cites it 4× “Kimberly-Clark contends that the retroactive application of 39-A M.R.S.A. § 224 (Supp.2002) to determine Morris-sette’s level of benefits was a violation of the constitutional doctrine of separation of powers because it altered a previous calculation of benefits made consistent…”
Bernier v. Data Gen. Corp., 2002 ME 2 (Me. 2002). · cites it 2× “390 (codified at 39-A M.R.S.A. § 224 (Supp.2001) (effective Sept.”
Kittery Retail Ventures, LLC v. Town of Kittery, 2004 ME 65 (Me. 2004). “For example, when it enacted 39-A M.R.S.A. § 224 (Supp.2003), the Legislature stated: “ ‘This Act applies retroactively to benefit calculations made under the Maine Revised Statutes, former title 39, sections 55 and 55-A at any time after January 1, 1972, and applies…”
Laskey v. SD Warren Co., 2001 ME 103 (Me. 2001). “390 (enacting 39-A M.R.S.A. § 224 to clarify the benefit calculation issues addressed in Bernard).”
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