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Temm v. S.D. Warren Co.12/6/2005
[ ] The Statement of Fact that follows the current coordination provision states that section 221 "allows coordination of benefits in a manner similar to the former Title 39, section 62-B." L.D. 2464, Statement of Fact, ยง A, at 214 (115th Legis. 1991). This is consistent with the overall purpose of the 1992 Act to reduce costs in the workers' compensation system. E.g., Ray v. Carland Constr., Inc., 1997 ME 206, 10, 703 A.2d 648, 652; Bowie v. Delta Airlines, Inc., 661 A.2d 1128, 1131 n.2 (Me. 1995).
[ ] The foregoing discussion of the legislative backdrop to the current coordination provision in section 221 demonstrates that the exception recognized in subsection 221(10) should be construed to provide employers and employees with a right to voluntarily avoid coordination of benefits in new or renewed policies, but that payments pursuant to disability plans entered into or renewed after December 31, 1992, are subject to coordination unless otherwise provided in the plan. Because the hearing officer found that the S.D. Warren disability insurance plan had been renewed after January 1, 1993, and the plan is silent as to coordination, the hearing officer properly coordinated benefits in this case.
The entry is: The decision of the hearing officer of the Workers' Compensation Board is affirmed.
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