1999 SB 420

CHAPTER NUMBER: 179

File Code: Workers' Compensation

Prior Year Introduction As: HB 1287/98 - HRU

Crossfiled with: HOUSE BILL 311

Sponsored By:

Senators Hafer and Ferguson

Entitled:

Workers' Compensation - Department of Natural Resources

Synopsis:

Providing that specified employees of the Department of Natural Resources are covered employees for the purpose of workers' compensation benefits; providing that specified paid 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; providing for an exemption for individuals who object to a specified immunization for religious reasons; etc.

History by Legislative Date

Senate Action

2/5

First Reading Finance

2/9

Hearing 3/4 at 1:00 p.m.

3/8

Favorable with Amendments Report by Finance

3/9

Favorable with Amendments Report Adopted

Second Reading Passed with Amendments

3/11

Third Reading Passed (46-0)

4/9

Senate Concur - House Amendments

Third Reading Passed (46-0)

Passed Enrolled

4/27

Signed by the Governor Chapter 179

House Action

3/12

First Reading Economic Matters

3/17

Hearing 4/1 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 with Amendments (135-1)

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 (RTF / PDF)

Fiscal Note: Available (RTF / PDF)

Amendments:

Labor and Employment

Senate

Number: 617869/1 (WordPerfect / PDF) Offered on: March 9, 1999 at: 11:42 a.m. Status: Adopted

House

Number: 293483/1 (WordPerfect / PDF) Offered on: April 9, 1999 at: 11:46 a.m. Status: Adopted

Roll Call Votes (Legislative dates are shown):

Senate

March 11, 1999: Third Reading Passed (46-0)

April 9, 1999: Third Reading Passed (46-0)

House

April 6, 1999: Third Reading Passed (135-1)

http://mlis.state.md.us/1999rs/billfile/sb0420.htm

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SENATE BILL 420

Unofficial Copy 1999 Regular Session

K1 (9lr2048)

ENROLLED BILL

-- Finance/Economic Matters --

Introduced by Senators Hafer and Ferguson

Read and Examined by Proofreaders:

_____________________________________________

Proofreader.

_____________________________________________

Proofreader.

Sealed with the Great Seal and presented to the Governor, for his approval this

_____ day of ____________ at ____________________ o'clock, _____M.

_____________________________________________

President.

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 paid law enforcement employees suffering from Lyme disease are presumed,

7 under certain circumstances, to have an occupational disease that was suffered

8 in the line of duty and is compensable in a certain manner; providing for a

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

10 for religious 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)

2 SENATE BILL 420

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

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

3 Article - Labor and Employment

4 9-207.

5 (a) A registered crew member, A PAID LAW ENFORCEMENT EMPLOYEE, , A

6 PAID LAW ENFORCEMENT EMPLOYEE, or an individual engaged for fire fighting by

7 the Department of Natural Resources is a covered employee.

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

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

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

11 (c) AN EMPLOYEE WHOSE POSITION REGULARLY PLACES THAT EMPLOYEE IN

12 WOODS, FIELDS, OR GRASSY OUTDOORS IS A COVERED EMPLOYEE.

13 (D) (C) Notwithstanding § 9-205 of this subtitle, an individual who

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

15 covered employee even if engaged temporarily or part time.

16 (d) (E) (D) For the purpose of this title, the Department of Natural

17 Resources is the employer of an individual who is a covered employee under this

18 section.

19 9-503.

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

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

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

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

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

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

26 compensable under this title if:

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

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

29 total disability or death; and

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

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

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

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

34 life support unit member.

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

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

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

3 SENATE BILL 420

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

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

3 under this title if:

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

5 disease or hypertension; and

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

7 disability or death.

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

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

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

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

12 George's County deputy sheriff.

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

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

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

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

17 sheriff.

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

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

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

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

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

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

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

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

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

27 line of duty;

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

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

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

31 employed or serves;

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

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

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

35 cancer or leukemia disability; and

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

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

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

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

40 member.

4 SENATE BILL 420

1 (D) (1) A PAID LAW ENFORCEMENT A PAID LAW ENFORCEMENT AN

2 EMPLOYEE OF THE DEPARTMENT OF NATURAL RESOURCES WHO IS A COVERED

3 EMPLOYEE UNDER § 9-207(C) OF THIS TITLE IS PRESUMED TO HAVE AN

4 OCCUPATIONAL DISEASE THAT WAS SUFFERED IN THE LINE OF DUTY AND IS

5 COMPENSABLE UNDER THIS TITLE IF THE EMPLOYEE:

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

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

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

9 OUTDOOR WOODED ENVIRONMENT WOODS, FIELDS, OR GRASSY OUTDOORS AN

10 OUTDOOR WOODED ENVIRONMENT; AND

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

12 DEMONSTRATES THAT THE EMPLOYEE HAD ANY LYME DISEASE VACCINATION

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

14 NATURAL RESOURCES.

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

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

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

18 AND PRACTICES.

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

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

21 Marshal, paid police officer, PAID LAW ENFORCEMENT PAID LAW ENFORCEMENT

22 EMPLOYEE OF THE DEPARTMENT OF NATURAL RESOURCES, or [any] deputy sheriff

23 of Montgomery County or Prince George's County who is eligible for benefits under

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

25 to any benefits that the individual is entitled to receive under the retirement system

26 in which the individual was a participant at the time of the claim.

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

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

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

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

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

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

33 October 1, 1999.

5 SENATE BILL 420

http://mlis.state.md.us/PDF-Documents/1999rs/bills/sb/sb0420e.pdf

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SB 420 Fiscal Note

SB 420

Department of Legislative Services

Maryland General Assembly

1999 Session

FISCAL NOTE

Revised

Senate Bill 420 (Senators Hafer and Ferguson)

Finance

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.

SB 420 / 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

ncs/jr Revised - Senate Third Reader - March 29, 1999

Revised - Enrolled Bill - April 13, 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_0000/sb0420.PDF