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Workers' Compensation Abuse Attorney Advocate

at State of Maine, Bureau of Human Resources in Portland, Maine, United States

Job Description

Workers’ Compensation Abuse Attorney Advocate

Portland , Maine , United States | Legal | Full-time Apply by: July 18, 2022 Apply with Linkedin Apply with IndeedApply

WORKERS’ COMPENSATION BOARD

Workers’ Compensation Abuse Attorney Advocate

Portland Regional Office

CODE:2019 PAY GRADE:27 – $51,251.20 – $69,284.80/annually

There will be a 4% across the board general salary increase effective July 3, 2022.

OPEN FOR RECRUITMENT: July 1, 2022

CLOSES:July 18, 2022

JOB DESCRIPTION

This is professional services work in ensuring compliance with the Workers’ Compensation laws and the efficient operation of the system. Responsible for investigating complaints, allegations of fraud, illegal or improper conduct, and violations involving workers’ compensation insurance, benefits or programs. Work is performed under limited supervision.

TYPICAL DUTIES

+ Counsels and advises Board staff in order to assist them in accomplishing their administrative duties.

+ Organizes information, collects documents and evidence, prepares testimony; presents legal and factual arguments; conducts direct and cross-examination of parties and other witnesses; argues evidentiary motions; and writes legal arguments and bench orders in order to represent the Workers’ Compensation Board in administrative hearings.

+ Negotiates settlements with employers and insurers, obtains facts and data from businesses, other agencies and third parties, calculates missed deadlines, periods of lapse and avoided premiums, evaluates financial status of businesses, negotiates resolutions and/or compromise of penalties, drafts consent agreements, and obtains approval of administrative hearing officers for consent settlements in order to present Abuse Investigation Unit cases.

+ Analyzes pleadings and factual evidence filed by parties, evaluates information collected by support staff, applies appropriate legal standards, rules and laws, makes determinations whether violations occurred, evaluates any mitigating factors, makes final administrative determinations regarding penalty violations, and sets penalty amounts applying relevant law and enforcement priorities in order to prepare penalty orders in accordance with applicable laws, rules and legal standards.

+ Determines scope of investigation, identifies and interviews witnesses, obtains and/or requests others to gather information and data, determines whether the case meets the prima facie standard for a penalty investigation, prepares an investigation report and decides whether to initiate a penalty proceeding and maintains confidentiality of the investigation in order to investigate allegations of fraud and other unspecified violations of the Workers’ Compensation Act.

+ Conducts research, collects facts and data for evidence, researches pertinent laws, interviews parties and witnesses, analyzes and verifies data and information and develops legal arguments in order to prepare Abuse Investigation Unit cases.

+ Confers with the Board’s staff on legal developments affecting their administrative duties in order to recommend changes in policies, laws, and rules.

+ Drafts legislation pertaining to agency programs and testifies at legislative hearings in order to improve program effectiveness and explain proposals.

+ Coordinates the execution of legal services with the Attorney Generals’ Office and other state agencies in order to ensure common understanding and interpretation of the law.

+ Represents the Workers’ Compensation Board in administrative hearings in order to provide advocacy services and representation.

+ Reviews and advises on rules, rule-making procedures, draft rules, and contracts in order to ensure compliance with current laws, rules, and regulations.

+ Counsels officials, businesses and the public in order to provide information on workers’ compensation laws, rules and regulations.

+ Writes legal memoranda and briefs in connection with litigation and administrative proceedings in order to prepare for proceedings.

+ Reviews and drafts findings in adjudicatory proceedings conducted by Department in order to ensure findings conform to applicable laws, rules, and regulations.

+ Reviews and interprets contracts, agreements, leases, and other legal documents in order to ensure conformance with applicable laws, rules, and regulations and explain content to administrators.

REQUIREMENTS

+ Knowledge of administrative and state laws, rules and case law regarding workers’ compensation.

+ Knowledge of legal concepts including due process, administrative law, torts and contracts.

+ Knowledge of legal documents, court procedures and rules of evidence.

+ Knowledge of interviewing and investigation techniques, legal research and trial techniques.

+ Knowledge of research methods and techniques.

+ Knowledge of individual and business finances, business organizations, and commercial practices, and the laws related to creation and licensing/registration of businesses in Maine.

+ Ability to collect, analyze and evaluate evidence, information, records and data.

+ Ability to communicate well orally and in writing.

+ Ability to research, analyze and organize legal facts and principles.

+ Ability to apply legal concepts to factual situations within existing accepted interpretations.

+ Ability to use sound judgment and make reasoned and logical decisions.

+ Ability to explain complex legal analyses, negotiate agreements and other voluntary resolutions of adversarial proceedings.

+ Ability to handle complex cases and large case loads, to work without detailed instructions, and develop and execute an effective plan of action.

+ Ability to interact productively with the regulated community.

+ Ability to maintain confidentiality of information and investigations.

+ Ability to negotiate settlements and other voluntary resolutions.

+ Ability to draft agreements and other legal documents.

MINIMUM QUALIFICATIONS

Admission to the practice of law in the State of Maine and current registration with the Board of Overseers of the Maine Bar – OR – eligibility for admission to practice law in the State of Maine with the provision that admittance to the practice of law in the State of Maine and registration with the Board of Overseers of the Bar occurs within twelve (12) months of the date of hire.

A writing sample, resume, cover letter and list of three professional references must be submitted to be considered for an interview.

BENEFITS

No matter where you work across Maine state government, you find employees who embody our state motto-“Dirigo” or “I lead”-as they provide essential services to Mainers every day. We believe in supporting our workforce’s health and wellbeing with a valuable total compensation package, including:

+ Work-Life Balance – Rest is essential. Take time for yourself using 13 paid holidays, 12 days of sick leave, and 3+ weeks of vacation leave annually. Vacation leave accrual increases with years of service, and overtime-exempt employees receive personal leave.

+ Health Insurance Coverage – The State of Maine pays 85%-100% of employee-only premiums ($10,996.70-$12,937.34 annual value), depending on salary. Use this chart to find the premium costs for you and your family, including the percentage of dependent coverage paid by the State.

+ Health Insurance Premium Credit – Participation decreases employee-only premiums by 5%. Visit the Office of Employee Health and Wellness for more information about program requirements.

+ Dental Insurance – The State of Maine pays 100% of employee-only dental premiums ($379.60 annual value).

+ Retirement Plan – The State of Maine contributes 13.16% of pay to the Maine Public Employees Retirement System (MainePERS), on behalf of the employee.

+ Gym Membership Reimbursement – Improve overall health with regular exercise and receive up to $40 per

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Job Posting: JC217869403

Posted On: Jul 04, 2022

Updated On: Jul 20, 2022