Board Adopts Rule for Calculation of Offsets Pursuant to Section 221(3)

September 2009

(view adopted Rule)

In response to the Law Court’s holding in Foley v. Verizon, 2007 ME 128, the Board has adopted an amendment to Chapter 9 of the Workers’ Compensation Board Rules. Under the new rule, an offset for lump sum or periodic payments paid over a period less than the employee’s life expectancy must be determined by dividing the lump sum amount by the employee’s life expectancy, then converting that weekly benefit into an after-tax amount by using the wage tables. The new rule is effective as of September 16, 2009.