Maine: Subcontractor predetermination act takes effect
Legislation intended to simplify the predetermination application process for construction subcontractors, L.D. 1815, "An Act To Clarify the Construction Subcontractor Status of the Maine Workers' Compensation Act of 1992" is now in effect.
The change allows subcontractors to apply to the state's Workers' Compensation Board themselves for a predetermination that they are independent; approved predeterminations for construction subcontractors are valid for one year from the date granted. The legislation also makes these predeterminations portable, allowing construction subcontractors to present a certificate of approval from the Workers' Compensation Board to any hiring agent they work for during the year. The predetermination process is voluntary, and predeterminations remain rebuttable and will allow construction subcontractors to file claims for benefits. However, approved predeterminations can be used by hiring agents as evidence that the subcontractor was not an employee. For a copy of the predetermination form, visit www.maine.gov/wcb/ConstructionSubcontractor.html.
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May 24, 2010
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