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March 22, 2010

BIW revives workers' comp fee battle

A dispute between Bath Iron Works and the state's Workers' Compensation Board continues to simmer, as BIW files a court motion charging board chairman Paul Dionne with a conflict of interest.

BIW filed a motion this week in Kennebec County Superior Court, claiming Dionne's role as board chairman of Central Maine Healthcare Corp. compromises his involvement in establishing a list of reimbursement fees for workers' compensation, according to the Sun Journal. Dionne is compensated as both the chairman of the workers' comp board and chairman of the health care system chairman. BIW is asking the judge to remove both Dionne and the Workers' Compensation Board from the process and to appoint an independent person.

In 2006, BIW sued the board, saying it had not followed through with its obligation to set fees, which are important for businesses that self-insure and cannot negotiate with hospitals over fees. In 2008, a judge ordered the board to create the fee list. A draft proposal was released last October but has not been finalized.

BIW has been pushing for the fees since treatment for two work-place injuries that occurred in 2001 and 2003 ignited a debate over payment allowances. A state court order forced BIW to pay St. Mary's Regional Medical Center in Lewiston double the federal cap for those two injuries.

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