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Maine Workers’ Compensation Board. Electronic Filing and Forms Overview For Use With Forms Filing Mini Manual. Revised 2/21/123. Abbreviations. AWW - Average Weekly Wage EDI - Electronic Data Interchange FROI - First Report of Injury (WCB-1)
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Maine Workers’ Compensation Board Electronic Filing and Forms Overview For Use With Forms Filing Mini Manual Revised 2/21/123
Abbreviations • AWW - Average Weekly Wage • EDI - Electronic Data Interchange • FROI - First Report of Injury (WCB-1) • MAE - Monitoring, Audit and Enforcement • MOP - Memorandum of Payment (WCB-3) • MWCB – Maine Workers’ Compensation Board • NOC - Notice of Controversy (WCB-9) • RTW - Return to Work • SOC – Statement of Compensation Paid (WCB-11) • WCR – Weekly Compensation Rate
Form Filing Fillable forms are available on the MWCB website. www.maine.gov/wcb/ All MWCB forms have a four part distribution as follows: • COPY 1) Maine Workers Compensation Board • COPY 2) Employee • COPY 3) Insurer • COPY 4) Employer If COPY 1 is now submitted electronically to the MWCB, all other copies must still be sent to the respective recipients, and must be materially the same as the form sent via EDI. All forms and correspondence, including, but not limited to petitions, shall be filed in the Central Office of the MWCB.
Electronic Form Filing • Electronic filing requirements are available at the MWCB website: www.maine.gov/wcb/departments/technology/ • Claim Administrators must use the IAIABC “Release 3” format. • It is critical that employers/insurers and their respective EDI vendors understand the MWCB’s EDI requirements. • To avoid violations/penalties, employers/insurers must maintain routine communication with their respective EDI vendors to ensure that any FROIs or NOCs rejected by the MWCB are addressed in a timely manner.
Electronic Form Filing A sender will receive one of the following codes after submitting an EDI transaction: TA = (Transaction Accepted). Transaction accepted and the First Report of Injury or Subsequent Report of Injury is filed. TE = (Transaction accepted with Errors). Errors will be identified in the acknowledgement transmission sent by the MWCB. All identified errors must be corrected within 14 days after the acknowledgement transmission was sent, or prior to any subsequent transmission for the same claim, which ever is sooner. TR = (Transaction Rejected) The entire transaction has been rejected and the First Report of Injury or subsequent Report of Injury is not filed.
First Report of Occupational Injury or Disease (WCB-1) Types of FROI transmissions: • 00 = (Original) Used to file an original FROI • 01 = (Cancel) Used to cancel an original FROI that was sent in error • CO = (Correction) Used to correct a data element or elements when a filing is accepted with errors (“TE”) • 02 = (Update/Change) Used to update/change one or more data elements • UR = (Upon request) Submitted in response to a request from the MWCB • AQ = (Acquired Claim) Used to report that a new claim administrator has acquired the claim
WCB-1 Employer’s First Report of Occupational Injury or Disease (FROI) Mini Manual pages 4-5
Payroll Record Retention • The Federal Fair Labor Standards Act requires retention of every employee’s “payrolls and basic employment and earnings records” until termination. • The Federal Insurance Contribution Act, Federal Unemployment Act, and Federal Income Tax Withholding regulations require compensation records, including daily and weekly hours, to be retained four years from the date tax is due or paid. • State of Maine M.R.S.A. Title 26, section 622 requires a daily record of time worked unless the employee is paid a salary that is fixed without regard to number of hours worked. Title 36, section 135 requires retention of records pertaining to payroll and payroll taxes for six years.
Schedule of Dependent(s) and Filing Status Statement (WCB-2A)Mini Manualpages 8 - 9
WCB-2, -2A and -2B Recap • Wage Statements, Schedule of Dependent(s) and Filing Status Statements, and Fringe Benefit Worksheets (WCB-2, WCB-2A and WCB-2B) must be filed for all claims where lost time exceeds seven days (waiting period). • These same forms must be filed for all controverted lost time claims. • The Schedule of Dependents and Filing Status Statement is not required for dates of injury on or after January 1, 2013.
Establishing the Weekly Compensation Rate (WCR) • Once the Average Weekly Wage (AWW) is determined, the next step is to determine the Weekly Compensation rate (WCR). • For injuries prior to 1/1/2013, it is defined as 80% of the employee’s after tax AWW, based on filing status and number of dependents. • For injuries on or after 1/1/2013, it is calculated as two-thirds of the employee’s gross AWW.
Weekly Benefit Tables ZERO ONE TWO THREE FOUR FIVE 561 Single 355.76 367.14 378.06 388.97 399.12 406.38 Married Joint 390.08 397.28 404.24 410.35 413.49 Head of Household 370.05 380.96 391.26 398.47 405.64 411.75 Married Separate 354.58 366.16 377.09 388.00 398.15 405.75 562 Single 356.31 367.71 378.62 389.54 399.72 407.00 Married Joint 390.70 397.90 404.88 410.99 414.21 Head of Household 370.61 381.52 391.89 399.09 406.28 412.39 Married Separate 355.13 366.71 377.65 388.57 398.75 406.38 563 Single 356.86 368.27 379.18 390.10 400.32 407.62 Married Joint 391.32 398.52 405.53 411.63 414.94 Head of Household 371.17 382.09 392.49 399.71 406.92 413.03 Married Separate 355.69 367.26 378.21 389.13 399.35 407.00 • Use only for dates of injury prior to January 1, 2013 • Find the AWW within the tables. • Select the line that correctly matches the filing status information. • Select the column that correctly matches the number of dependents. • The “ZERO” column includes only the injured employee.
Weekly Benefit Calculation ForInjuries On or After January 1, 2013 • The Weekly Compensation Rate (WCR) shall be equal to 2/3 of the employee’s gross Average Weekly Wage (AWW), but not more than the maximum benefit level. • Calculate the WCR by dividing the AWW by three and multiplying by two. Using a decimal (AWW x .667 for example) may result in errors.
Maximum Benefit Levels • Effective 7/1/1994 through dates of injury prior to 1/1/2013 – 90% of the state average weekly wage as adjusted annually on July 1. • For dates of injury on or after 1/1/2013 - 100% of the state average weekly wage as adjusted annually on July 1. • Adjustment must be made on July 1 and a WCB-4 Modification filed. • If new adjusted maximum rate exceeds employee’s own rate, use employee’s own rate.
Discontinuance or Modificationof Compensation (WCB-4)Mini Manualpages 14 - 15
Consent Between Employer and Employee(WCB-4A)Mini Manualpages 16 - 17
21-day Certificate of Discontinuance (WCB-8)Mini Manualpages 18 - 19
21-day Certificate of Discontinuance (WCB-8) Certified Mailing Reminder • Claim administrators should have this sender’s receipt postmarked to prove when they sent the WCB-8. Postmark Here Electronic verification of certified mailing from the USPS is also acceptable.
Notice of Controversy (WCB-9) • Effective 7/1/06, all claim administrators must submit original NOCs to the MWCB via EDI. • Do not file original NOCs with the MWCB in paper format. Doing so may be perceived as a questionable claims-handling technique. • While claim administrators may post corrections to NOCs via EDI in response to a “TE” error in their transmission reports, any changes to NOCs not specifically related to an EDI “TE” error must be submitted via paper. • Don’t forget to send a paper copy of the exact information submitted electronically to the injured employee.
Notice of Controversy (Denial) (WCB-9) A NOC must be filed: 1. To dispute indemnity: • The NOC must be filed within 14 days of the employer’s notice or knowledge of incapacity • If the NOC is not filed within 14 days of the employer’s notice or knowledge of incapacity, a mandatory payment must be issued for total incapacity benefits from the date the claim is made until the NOC is filed and accrued benefits are paid. A MOP must be filed for the mandatory payment. 2. To dispute medical bill(s) and/or treatment. 3. To dispute jurisdiction. 4. To dispute coverage. 5. To dispute for any other reason as described in the Full or Partial Denial Codes.
Statement of Compensation Paid (WCB-11)Mini Manualpages 22 - 23
Maine Workers’ Compensation Board Any questions?