In two consolidated cases, the employees filed petitions and were awarded benefits under the Federal Longshore and Harbor Workers’ Compensation Act. St. Mary’s chose instead to file a Petition for Payment of its services under the State of Maine Workers’ Compensation Act, which contains a more generous fee schedule. The Hearing Officer granted the Hospital’s Petitions under the Workers’ Compensation Act and Bath Iron Works appealed.
The Court held that healthcare providers are free to proceed under the Federal Longshore Act or the Maine Workers’ Compensation Act. The Court noted that in certain circumstances, jurisdiction between the Longshore Act and Workers’ Compensation Act is concurrent and that healthcare providers are not bound by an employee’s choice to proceed under one Act or the other as long as there is no double recovery or contradictory claim.
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