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PEAVEY v. TAYLOR2/3/1994
." 39 M.R.S.A. § 4 (Supp. 1992). (emphasis added) The pertinent sections of the Act lay out stringent requirements to be fulfilled by an employer to comply with the Act and qualify for immunity. If the employer chose to purchase coverage
These explicit requirements protect Maine's workers, and their plain language prohibits employers from self-designing programs that comply only approximately with the Act. TSG has not secured the payment of compensation as required by the Act. Id. § 4. TSG's contract with ESA simply fails to meet the requirements of the Act in that the contract is not an insurance policy issued by a company approved by the Superintendent of Insurance in the form approved by the Superintendent. The fact that ESA had contracted with Travelers to provide workers' compensation coverage for all of its employees is not sufficient to afford TSG immunity. Nor does ESA's payments to Mr. Peavey to date fulfill the requirements of the Act.
I therefore would hold that TSG failed to comply with the Act, and was not an assenting employer exempt from this civil action involving a
RUDMAN, Justice, dissenting.
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