Appealing a Denied Workers' Comp Claim in Maine

A petition to the Workers' Compensation Board must generally be filed within 2 years after the injury (or after the employer files a required first report of injury, if later); if the employer or insurer paid benefits, the period is 6 years from the most recent payment. A party may appeal an administrative law judge's decision to the Board's Appellate Division by filing a notice of intent to appeal within 20 days after receiving notice of the decision. The Appellate Division reviews legal issues only; findings of fact cannot be appealed to it.

A disputed claim is decided by an administrative law judge after a formal hearing; the judge's findings of fact are final. A party may appeal a legal question to the Board's Appellate Division by filing a notice of intent to appeal within 20 days after receiving notice of the decision. A party may then seek review by the Maine Supreme Judicial Court (Law Court) by filing a copy of the Appellate Division's decision with the Law Court clerk within 20 days after notice of it, followed within 20 days by a petition for appellate review; the Law Court decides whether to take the case.

A petition to the Workers' Compensation Board is generally barred unless filed within 2 years after the date of injury, or the date the employer files a required First Report of Injury, whichever is later. If the employer or insurer has paid benefits within that period, the deadline becomes 6 years from the most recent payment. Time when the worker was physically or mentally unable to file does not count. If the worker dies from the injury, a petition must be filed within 1 year after death or 2 years from the injury, whichever is later, but no later than 6 years after the last payment.