1999 HB 311

File Code: Workers' Compensation

Prior Year Introduction As: HB 1287/98 - ECM

Crossfiled with: SENATE BILL 420

Sponsored By:

Delegates McClenahan, W. Baker, Walkup, Conway, Rudolph, Eckardt, Cane, Bozman, Schisler, Guns, Edwards, Shank, K. Kelly, McKee, Hutchins, and Wood

Entitled:

Workers' Compensation - Department of Natural Resources

Synopsis:

Providing that a paid law enforcement employee in the Department of Natural Resources is covered for the purpose of workers' compensation benefits; providing that these benefits are in addition to any benefits received under specified retirement systems; providing that specified law enforcement employees suffering from Lyme disease are presumed, under specified circumstances, to have an occupational disease that was suffered in the line of duty and is compensable in a specified manner; etc.

History by Legislative Date

House Action

2/4

First Reading Economic Matters

2/17

Hearing 3/18 at 1:00 p.m.

4/9

Favorable with Amendments Report by Economic Matters

4/5

Favorable with Amendments Report Adopted

Second Reading Passed with Amendments

4/6

Third Reading Passed (126-0)

Senate Action

4/9

First Reading Senate Rules

4/12

Re-referred Finance

Sponsored by:

Bill indexed under the following Subjects:

Bill affects the following Statutes:

( 9-207 , 9-503 )

Documents:

Bill Text: First Reading (RTF / PDF), Third Reading (RTF / PDF), Enrolled

Fiscal Note: Available (RTF / PDF)

Amendments:

Number: 613286/1 (WordPerfect / PDF) Offered on: April 9, 1999 at: 11:23 a.m. Status: Adopted

Roll Call Vote (Legislative date is shown):

April 6, 1999: Third Reading Passed (126-0)

Labor and Employment

House

House

http://mlis.state.md.us/1999rs/billfile/hb0311.htm

``````````````````````````````````````````````````````````````````````````````````````````````````````````````````

HOUSE BILL 311

Unofficial Copy 1999 Regular Session

K1 9lr1137

HB 1287/98 - ECM CF 9lr2048

____________________________________________________________________________________

By: Delegates McClenahan, W. Baker, Walkup, Conway, Rudolph, Eckardt,

Cane, Bozman, Schisler, Guns, Edwards, Shank, K. Kelly, McKee,

Hutchins, and Wood

Introduced and read first time: February 4, 1999

Assigned to: Economic Matters

_____________________________________________________________________________________

Committee Report: Favorable with amendments

House action: Adopted

Read second time: April 5, 1999

_____________________________________________________________________________________

CHAPTER_______

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 of

4 the Department of Natural Resources are covered employees for the purpose of

5 workers' compensation benefits; providing that certain paid law enforcement

6 employees suffering from Lyme disease are presumed, under certain

7 circumstances, to have an occupational disease that was suffered in the line of

8 duty and is compensable in a certain manner; providing for a certain exemption

9 for certain individuals who object to a certain immunization for religious

10 reasons; and generally relating to workers' compensation benefits.

11 BY repealing and reenacting, with amendments,

12 Article - Labor and Employment

13 Section 9-207 and 9-503

14 Annotated Code of Maryland

15 (1991 Volume and 1998 Supplement)

16 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF

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

2 HOUSE BILL 311

1 Article - Labor and Employment

2 9-207.

3 (a) A registered crew member, A PAID LAW ENFORCEMENT EMPLOYEE, or an

4 individual engaged for fire fighting by the Department of Natural Resources is a

5 covered employee.

6 (b) Notwithstanding § 9-203 of this subtitle, an individual engaged for fire

7 fighting who otherwise would be a covered employee under subsection (a) of this

8 section is a covered employee even if the fire fighting takes place outside of the State.

9 (c) Notwithstanding § 9-205 of this subtitle, an individual who otherwise

10 would be a covered employee under subsection (a) of this section is a covered employee

11 even if engaged temporarily or part time.

12 (d) For the purpose of this title, the Department of Natural Resources is the

13 employer of an individual who is a covered employee under this section.

14 9-503.

15 (a) A paid fire fighter, paid fire fighting instructor, or sworn member of the

16 Office of the State Fire Marshal employed by an airport authority, a county, a fire

17 control district, a municipality, or the State or a volunteer fire fighter, volunteer fire

18 fighting instructor, volunteer rescue squad member, or volunteer advanced life

19 support unit member who is a covered employee under § 9-234 of this title is

20 presumed to have an occupational disease that was suffered in the line of duty and is

21 compensable under this title if:

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

23 (2) the heart disease, hypertension, or lung disease results in partial or

24 total disability or death; and

25 (3) in the case of a volunteer fire fighter, volunteer fire fighting

26 instructor, volunteer rescue squad member, or volunteer advanced life support unit

27 member, the individual has met a suitable standard of physical examination before

28 becoming a fire fighter, fire fighting instructor, rescue squad member, or advanced

29 life support unit member.

30 (b) (1) A paid police officer employed by an airport authority, a county, the

31 Maryland-National Capital Park and Planning Commission, a municipality, or the

32 State, a deputy sheriff of Montgomery County, or, subject to paragraph (2) of this

33 subsection, a Prince George's County deputy sheriff is presumed to be suffering from

34 an occupational disease that was suffered in the line of duty and is compensable

35 under this title if:

36 (i) the police officer or deputy sheriff is suffering from heart

37 disease or hypertension; and

3 HOUSE BILL 311

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

2 disability or death.

3 (2) (i) A Prince George's County deputy sheriff is entitled to the

4 presumption under this subsection only to the extent that the individual suffers from

5 heart disease or hypertension that is more severe than the individual's heart disease

6 or hypertension condition existing prior to the individual's employment as a Prince

7 George's County deputy sheriff.

8 (ii) To be eligible for the presumption under this subsection, a

9 Prince George's County deputy sheriff, as a condition of employment, shall submit to

10 a medical examination to determine any heart disease or hypertension condition

11 existing prior to the individual's employment as a Prince George's County deputy

12 sheriff.

13 (c) A paid fire fighter, paid fire fighting instructor, or a sworn member of the

14 Office of the State Fire Marshal employed by an airport authority, a county, a fire

15 control district, a municipality, or the State or a volunteer fire fighter, volunteer fire

16 fighting instructor, volunteer rescue squad member, or volunteer advanced life

17 support unit member who is a covered employee under § 9-234 of this title is

18 presumed to be suffering from an occupational disease that was suffered in the line of

19 duty and is compensable under this title if the individual:

20 (1) has leukemia or pancreatic, prostate, rectal, or throat cancer that is

21 caused by contact with a toxic substance that the individual has encountered in the

22 line of duty;

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

24 instructor, rescue squad member, or advanced life support unit member or in a

25 combination of those jobs in the department where the individual currently is

26 employed or serves;

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

28 instructor, rescue squad member, or advanced life support unit member in the

29 department where the individual currently is employed or serves because of the

30 cancer or leukemia disability; and

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

32 instructor, volunteer rescue squad member, or volunteer advanced life support unit

33 member, has met a suitable standard of physical examination before becoming a fire

34 fighter, fire fighting instructor, rescue squad member, or advanced life support unit

35 member.

36 (D) (1) A PAID LAW ENFORCEMENT EMPLOYEE OF THE DEPARTMENT OF

37 NATURAL RESOURCES WHO IS A COVERED EMPLOYEE UNDER § 9-207 OF THIS TITLE

38 IS PRESUMED TO HAVE AN OCCUPATIONAL DISEASE THAT WAS SUFFERED IN THE

39 LINE OF DUTY AND IS COMPENSABLE UNDER THIS TITLE IF THE EMPLOYEE:

40 (1) (I) IS SUFFERING FROM LYME DISEASE; AND

4 HOUSE BILL 311

1 (2) (II) WAS NOT SUFFERING FROM LYME DISEASE BEFORE

2 ASSIGNMENT TO A POSITION THAT REGULARLY PLACES THE EMPLOYEE IN AN

3 OUTDOOR WOODED ENVIRONMENT; AND

4 (III) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION,

5 DEMONSTRATES THAT THE EMPLOYEE HAD ANY LYME DISEASE VACCINATION

6 REQUIRED OR MADE AVAILABLE TO THE EMPLOYEE BY THE DEPARTMENT OF

7 NATURAL RESOURCES.

8 (2) THE REQUIREMENT IMPOSED BY PARAGRAPH (1)(III) OF THIS

9 SUBSECTION DOES NOT APPLY TO AN INDIVIDUAL WHO OBJECTS TO IMMUNIZATION

10 BECAUSE IT CONFLICTS WITH THE INDIVIDUAL'S BONA FIDE RELIGIOUS BELIEFS

11 AND PRACTICES.

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

13 fire fighter, paid fire fighting instructor, sworn member of the Office of the State Fire

14 Marshal, paid police officer, PAID LAW ENFORCEMENT EMPLOYEE OF THE

15 DEPARTMENT OF NATURAL RESOURCES, or [any] deputy sheriff of Montgomery

16 County or Prince George's County who is eligible for benefits under subsection (a), (b),

17 [or] (c), OR (D) of this section shall receive the benefits in addition to any benefits that

18 the individual is entitled to receive under the retirement system in which the

19 individual was a participant at the time of the claim.

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

21 weekly total of those benefits and retirement benefits does not exceed the weekly

22 salary that was paid to the PAID LAW ENFORCEMENT EMPLOYEE OF THE

23 DEPARTMENT OF NATURAL RESOURCES, fire fighter, fire fighting instructor, sworn

24 member of the Office of the State Fire Marshal, police officer, or deputy sheriff.

25 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect

26 October 1, 1999.

http://mlis.state.md.us/PDF-Documents/1999rs/bills/hb/hb0311t.pdf

`````````````````````````````````````````````````````````````````````````````````````````````````````````

Fiscal Note HB 311

HB 311

Department of Legislative Services

Maryland General Assembly

1999 Session

FISCAL NOTE

Revised

House Bill 311 (Delegate McClenahan, et al.)

Economic Matters

Workers’ Compensation - Department of Natural Resources

This bill clarifies that paid law enforcement employees of the Department of Natural

Resources (DNR) are covered employees for workers’ compensation purposes. The bill also

provides that a paid law enforcement employee of DNR is presumed to have an occupational

disease that was suffered in the line of duty and is compensable under workers’

compensation law if the employee: (1) is suffering from Lyme Disease; (2) was not suffering

from Lyme Disease before assignment to a position that regularly places the employee in an

outdoor wooded environment; and (3) demonstrates that the employee had any Lyme Disease

vaccination required or made available to the employee by DNR. The vaccination

requirement does not apply to an individual who objects to immunization because it conflicts

with the individual’s bona fide religious beliefs and practices. Any workers’ compensation

benefits paid under this proposal would be in addition to any disability retirement benefit,

although the combined weekly benefit cannot exceed the employee’s weekly wage.

Fiscal Summary

State Effect: Minimal or no impact. DNR police and park rangers are currently covered by

workers’ compensation for occupational diseases. Most Lyme Disease cases of these

employees would already be covered by workers’ compensation.

Local Effect: None.

Small Business Effect: None.

HB 311 / Page 2

Fiscal Analysis

State Expenditures: Currently there are approximately 200 DNR police officers and

approximately 180 park rangers.

DNR police and park rangers are currently covered employees of DNR for workers’

compensation purposes. The Injured Workers’ Insurance Fund (IWIF), which administers

the State’s workers’ compensation coverage, advises that many claims under this provision

would also be compensable under current law. The only change under the proposal would be

the creation of a presumption that the Lyme Disease was the result of job-related activities,

increasing the likelihood of the success of the claim.

For illustrative purposes, if there were two such claims per year that were not currently

compensable but compensable under this provision, then the potential cost to the State would

be $42,000 annually based on an average cost per claim of $21,000. (Claims involving Lyme

Disease are potentially more costly than average if the disease goes undiagnosed for a period

of time.) These costs would be reflected in higher State workers’ compensation

expenditures.

Information Source(s): Department of Natural Resources, Injured Workers’ Insurance

Fund, Subsequent Injury Fund, Uninsured Employers’ Fund, Workers’ Compensation

Commission, National Council on Compensation Insurance, Department of Legislative

Services

Fiscal Note History: First Reader - February 26, 1999

mld/jr Revised - House Third Reader - April 12, 1999

Analysis by: Matthew D. Riven Direct Inquiries to:

John Rixey, Coordinating Analyst

(410) 946-5510

(301) 970-5510

http://mlis.state.md.us/PDF-Documents/1999rs/fnotes/bil_0001/hb0311.PDF