1998 HB 1287

Link- http://mgaleg.maryland.gov/1998rs/bills/hb/hb1287f.PDF

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1998 Regular Session 8lr2410

____________________________________________________________________________________ By: Delegates Schisler, W. Baker, Bozman, McClenahan, Rudolph, Eckardt,

D. Hughes, Conway, Guns, and Walkup

Introduced and read first time: February 16, 1998

Assigned to: Rules and Executive Nominations _____________________________________________________________________________________

A BILL ENTITLED

1 AN ACT concerning
2 Workers' Compensation - Department of Natural Resources
3 FOR the purpose of providing that certain employees engaged for fire fighting by the

Department of Natural Resources are covered employees for the purpose of workers' compensation benefits; providing that certain paid law enforcement employees suffering from lyme disease are presumed, under certain circumstances, to have an occupational disease that was suffered in the line of duty and compensable in a certain manner; and generally relating to workers' compensation benefits.

By repealing and reenacting, with amendments, Article - Labor and Employment

Section 9-207 and 9-503

Annotated Code of Maryland

(1991 Volume and 1997 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF

16 MARYLAND, That the Laws of Maryland read as follows:

17 Article - Labor and Employment
18 9-207.
19 (a) A registered crew member, PAID LAW ENFORCEMENT EMPLOYEE, or an
20 individual engaged for fire fighting by the Department of Natural Resources is a
21 covered employee.
22 (b) Notwithstanding § 9-203 of this subtitle, an individual engaged for fire
23 fighting who otherwise would be a covered employee under subsection (a) of this
24 section is a covered employee even if the fire fighting takes place outside of the State.
25 (c) Notwithstanding § 9-205 of this subtitle, an individual who otherwise
26 would be a covered employee under subsection (a) of this section is a covered employee
27 even if engaged temporarily or part time.

HOUSE BILL 1287

(d) For the purpose of this title, the Department of Natural Resources is the employer of an individual who is a covered employee under this section.

9-503.

(a) A paid fire fighter or paid fire fighting instructor employed by an airport authority, a county, a fire control district, a municipality, or the State or a volunteer fire fighter, volunteer fire fighting instructor, volunteer rescue squad member, or volunteer advanced life support unit member who is a covered employee under § 9-234 of this title is presumed to have an occupational disease that was suffered in

the line of duty and is compensable under this title if:

(1) the individual has heart disease, hypertension, or lung disease;

(2) the heart disease, hypertension, or lung disease results in partial or total disability or death; and

(3) in the case of a volunteer fire fighter, volunteer fire fighting instructor, volunteer rescue squad member, or volunteer advanced life support unit member, the individual has met a suitable standard of physical examination before becoming a fire fighter, fire fighting instructor, rescue squad member, or advanced life support unit member.

(b) (1) A paid police officer employed by an airport authority, a county, the Maryland-National Capital Park and Planning Commission, a municipality, or the

State, a deputy sheriff of Montgomery County, or, subject to paragraph (2) of this subsection, a Prince George's County deputy sheriff is presumed to be suffering from

an occupational disease that was suffered in the line of duty and is compensable under this title if:

(i) the police officer or deputy sheriff is suffering from heart disease or hypertension; and

(ii) the heart disease or hypertension results in partial or total

disability or death.

(2) (i) A Prince George's County deputy sheriff is entitled to the presumption under this subsection only to the extent that the individual suffers from heart disease or hypertension that is more severe than the individual's heart disease

or hypertension condition existing prior to the individual's employment as a Prince George's County deputy sheriff.

(ii) To be eligible for the presumption under this subsection, a Prince George's County deputy sheriff, as a condition of employment, shall submit to

a medical examination to determine any heart disease or hypertension condition existing prior to the individual's employment as a Prince George's County deputy

38 (c) A paid fire fighter or paid fire fighting instructor employed by an airport authority, a county, a fire control district, a municipality, or the State or a volunteer

HOUSE BILL 1287

1 2 3 4

fire fighter, volunteer fire fighting instructor, volunteer rescue squad member, or volunteer advanced life support unit member who is a covered employee under § 9-234 of this title is presumed to be suffering from an occupational disease that was suffered in the line of duty and is compensable under this title if the individual:

5 (1) has leukemia or pancreatic, prostate, rectal, or throat cancer

caused by contact with a toxic substance that the individual has encountered in the line of duty:

8 (2) has completed at least 5 years of service as a fire fighter, fire fighting

11 employed or serves;

instructor, rescue squad member, or advanced life support unit member or in a combination of those jobs in the department where the individual currently is

12 (3) is unable to perform the normal duties of a fire fighter, fire fighting

13 14 15

instructor, rescue squad member, or advanced life support unit member in the department where the individual currently is employed or serves because of the cancer or leukemia disability; and

16 (4) in the case of a volunteer fire fighter, volunteer fire fighting

21 (D) A PAID LAW ENFORCEMENT EMPLOYEE OF THE DEPARTMENT OF

27 28

A POSITION THAT REGULARLY PLACES THE EMPLOYEE IN AN OUTDOOR WOODED ENVIRONMENT.

instructor, volunteer rescue squad member, or volunteer advanced life support unit member, has met a suitable standard of physical examination before becoming a fire fighter, fire fighting instructor, rescue squad member, or advanced life support unit

20 member.

22 23 24

NATURAL RESOURCES WHO IS A COVERED EMPLOYEE UNDER § 9-207 OF THIS TITLE IS PRESUMED TO HAVE AN OCCUPATIONAL DISEASE THAT WAS SUFFERED IN THE LINE OF DUTY AND IS COMPENSABLE UNDER THIS TITLE IF THE EMPLOYEE:

25 (1) IS SUFFERING FROM LYME DISEASE; AND

26 (2) WAS NOT SUFFERING FROM LYME DISEASE BEFORE ASSIGNMENT TO

29 [(d)] (E) (1) Except as provided in paragraph (2) of this subsection, any paid

fire fighter, paid fire fighting instructor, paid police officer, PAID LAW ENFORCEMENT EMPLOYEE OF THE DEPARTMENT OF NATURAL RESOURCES, or any deputy sheriff of Montgomery County or Prince George's County who is eligible for benefits under

subsection (a), (b), [or] (c), OR (D) of this section shall receive the benefits in addition

to any benefits that the individual is entitled to receive under the retirement system in which the individual was a participant at the time of the claim.

36 (2) The benefits received under this title shall be adjusted so that the

37 38 39

weekly total of those benefits and retirement benefits does not exceed the weekly salary that was paid to the fire fighter, fire fighting instructor, police officer, or deputysheriff.

4 HOUSE BILL 1287

1 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 2 October 1, 1998.

Link Here- http://mgaleg.maryland.gov/1998rs/bills/hb/hb1287f.PDF