MD Lab & Emp Code § 9-503 (2013) What's This?

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2013 Maryland Code
LABOR AND EMPLOYMENT
§ 9-503 - Occupational disease -- Presumption -- Firefighters, fire fighting instructors, rescue squad members, advanced life support unit members, and police officers [Subject to amendment effective June 1, 2013; amended version follows this section]

MD Lab & Emp Code § 9-503 (2013) What's This?

§9-503. IN EFFECT

(a) A paid firefighter, paid fire fighting instructor, or sworn member of the Office of the State Fire Marshal employed by an airport authority, a county, a fire control district, a municipality, or the State or a volunteer firefighter, 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 firefighter, 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 firefighter, 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 deputy sheriff of Anne Arundel County, deputy sheriff of Baltimore City, Montgomery County correctional officer, Prince George’s County deputy sheriff, Prince George’s County correctional officer, or deputy sheriff of Allegany County 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, deputy sheriff, or correctional officer 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 deputy sheriff of Anne Arundel County, a deputy sheriff of Baltimore City, Montgomery County correctional officer, Prince George’s County deputy sheriff, or Prince George’s County correctional officer 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 deputy sheriff of Anne Arundel County, deputy sheriff of Baltimore City, Montgomery County correctional officer, Prince George’s County deputy sheriff, or Prince George’s County correctional officer.

(ii) To be eligible for the presumption under this subsection, a deputy sheriff of Anne Arundel County, a deputy sheriff of Baltimore City, Montgomery County correctional officer, Prince George’s County deputy sheriff, or Prince George’s County correctional officer, 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 deputy sheriff of Anne Arundel County, deputy sheriff of Baltimore City, Montgomery County correctional officer, Prince George’s County deputy sheriff, or Prince George’s County correctional officer.

(c) A paid firefighter, paid fire fighting instructor, or a sworn member of the Office of the State Fire Marshal employed by an airport authority, a county, a fire control district, a municipality, or the State or a volunteer firefighter, 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:

(1) has leukemia or pancreatic, prostate, rectal, or throat cancer that is caused by contact with a toxic substance that the individual has encountered in the line of duty;

(2) has completed at least 5 years of service as a firefighter, fire fighting 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 employed or serves;

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

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

(d) (1) (i) A paid law enforcement employee of the Department of Natural Resources who is a covered employee under § 9-207 of this title and a park police officer of the Maryland-National Capital Park and Planning Commission is presumed to have an occupational disease that was suffered in the line of duty and is compensable under this title if the employee:

1. is suffering from Lyme disease; and

2. was not suffering from Lyme disease before assignment to a position that regularly places the employee in an outdoor wooded environment.

(ii) The presumption under this subsection for a park police officer of the Maryland-National Capital Park and Planning Commission shall only apply:

1. during the time that the park police officer is assigned to a position that regularly places the park police officer in an outdoor wooded environment; and

2. for 3 years after the last date that the park police officer was assigned by the Maryland-National Capital Park and Planning Commission to a position that regularly placed the officer in an outdoor wooded environment.

(2) (i) An employee of the Maryland-National Capital Park and Planning Commission other than a park police officer is presumed to have an occupational disease that was suffered in the line of duty and is compensable under this title if the employee:

1. is suffering from Lyme disease; and

2. was not suffering from Lyme disease before assignment to a position that regularly places the employee in an outdoor wooded environment.

(ii) The presumption under this paragraph shall apply only if:

1. for the 12-month period before the filing of the claim for workers’ compensation under this section, the employee:

A. has not been employed by the Maryland-National Capital Park and Planning Commission as a seasonal or intermittent employee; and

B. has been employed by the Maryland-National Capital Park and Planning Commission on a full-time basis;

2. the employee’s assignment to a position that regularly places the employee in an outdoor wooded environment lasted for at least 1 year; and

3. the employee files the claim for workers’ compensation on or before the third anniversary of the last date that the employee was assigned to a position that regularly placed the employee in an outdoor wooded environment.

(e) (1) Except as provided in paragraph (2) of this subsection, any paid firefighter, paid fire fighting instructor, sworn member of the Office of the State Fire Marshal, paid police officer, paid law enforcement employee of the Department of Natural Resources, deputy sheriff of Anne Arundel County, park police officer or employee of the Maryland-National Capital Park and Planning Commission, deputy sheriff of Montgomery County, deputy sheriff of Baltimore City, Montgomery County correctional officer, deputy sheriff of Prince George’s County, or Prince George’s County correctional officer who is eligible for benefits under subsection (a), (b), (c), or (d) of this section or the dependents of those individuals shall receive the benefits in addition to any benefits that the individual or the dependents of the individual are entitled to receive under the retirement system in which the individual was a participant at the time of the claim.

(2) The benefits received under this title shall be adjusted so that the weekly total of those benefits and retirement benefits does not exceed the weekly salary that was paid to the paid law enforcement employee of the Department of Natural Resources, a park police officer or employee of the Maryland-National Capital Park and Planning Commission, firefighter, fire fighting instructor, sworn member of the Office of the State Fire Marshal, police officer, deputy sheriff, or Prince George’s County or Montgomery County correctional officer.

9-503. ** TAKES EFFECT JUNE 1, 2013 PER CHAPTER 445 OF 2012**

(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

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

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

(1) has leukemia or prostate, rectal, throat, multiple myeloma, non-Hodgkin’s lymphoma, brain, testicular, or breast cancer that is caused by contact with a toxic substance that the individual has encountered in the line of duty;

(2) has completed at least 10 years of service as a firefighter, fire fighting 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 employed or serves;

1. is suffering from Lyme disease; and

2. was not suffering from Lyme disease before assignment to a position that regularly places the employee in an outdoor wooded environment.

(ii) The presumption under this subsection for a park police officer of the Maryland-National Capital Park and Planning Commission shall only apply:

1. during the time that the park police officer is assigned to a position that regularly places the park police officer in an outdoor wooded environment; and

1. is suffering from Lyme disease; and

2. was not suffering from Lyme disease before assignment to a position that regularly places the employee in an outdoor wooded environment.

(ii) The presumption under this paragraph shall apply only if:

1. for the 12-month period before the filing of the claim for workers’ compensation under this section, the employee:

A. has not been employed by the Maryland-National Capital Park and Planning Commission as a seasonal or intermittent employee; and

B. has been employed by the Maryland-National Capital Park and Planning Commission on a full-time basis;

2. the employee’s assignment to a position that regularly places the employee in an outdoor wooded environment lasted for at least 1 year; and

9-503. // EFFECTIVE SEPTEMBER 30, 2015 PER CHAPTER 98 OF 2008 AND CHAPTER 709 OF 2009 //

(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

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

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

(d) A paid law enforcement employee of the Department of 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:

(1) is suffering from Lyme disease; and

(2) was not suffering from Lyme disease before assignment to a position that regularly places the employee in an outdoor wooded environment.

(e) (1) Except as provided in paragraph (2) of this subsection, any paid firefighter, paid fire fighting instructor, sworn member of the Office of the State Fire Marshal, paid police officer, paid law enforcement employee of the Department of Natural Resources, deputy sheriff of Anne Arundel County, deputy sheriff of Montgomery County, deputy sheriff of Baltimore City, Montgomery County correctional officer, deputy sheriff of Prince George’s County, or Prince George’s County correctional officer who is eligible for benefits under subsection (a), (b), (c), or (d) of this section or the dependents of those individuals shall receive the benefits in addition to any benefits that the individual or the dependents of the individual are entitled to receive under the retirement system in which the individual was a participant at the time of the claim.

(2) The benefits received under this title shall be adjusted so that the weekly total of those benefits and retirement benefits does not exceed the weekly salary that was paid to the paid law enforcement employee of the Department of Natural Resources, firefighter, fire fighting instructor, sworn member of the Office of the State Fire Marshal, police officer, deputy sheriff, or Prince George’s County or Montgomery County correctional officer.

§ 9-503 - Occupational disease -- Presumption -- Firefighters, fire fighting instructors, rescue squad members, advanced life support unit members, and police officers [Amendment subject to abrogation] (Amendment effective June 1, 2013.)

(a) Heart disease, hypertension, and lung disease -- Firefighters, fire fighting instructors, rescue squad members, and advanced life support unit members. -- A paid firefighter, paid fire fighting instructor, or sworn member of the Office of the State Fire Marshal employed by an airport authority, a county, a fire control district, a municipality, or the State or a volunteer firefighter, 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

(b) Heart disease or hypertension -- Police officers. --

(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 deputy sheriff of Anne Arundel County, deputy sheriff of Baltimore City, Montgomery County correctional officer, Prince George's County deputy sheriff, Prince George's County correctional officer, or deputy sheriff of Allegany County 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, deputy sheriff, or correctional officer 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 deputy sheriff of Anne Arundel County, a deputy sheriff of Baltimore City, Montgomery County correctional officer, Prince George's County deputy sheriff, or Prince George's County correctional officer 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 deputy sheriff of Anne Arundel County, deputy sheriff of Baltimore City, Montgomery County correctional officer, Prince George's County deputy sheriff, or Prince George's County correctional officer.

(ii) To be eligible for the presumption under this subsection, a deputy sheriff of Anne Arundel County, a deputy sheriff of Baltimore City, Montgomery County correctional officer, Prince George's County deputy sheriff, or Prince George's County correctional officer, 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 deputy sheriff of Anne Arundel County, deputy sheriff of Baltimore City, Montgomery County correctional officer, Prince George's County deputy sheriff, or Prince George's County correctional officer.

(c) Cancer. -- A paid firefighter, paid fire fighting instructor, or a sworn member of the Office of the State Fire Marshal employed by an airport authority, a county, a fire control district, a municipality, or the State or a volunteer firefighter, 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:

(1) has leukemia or prostate, rectal, throat, multiple myeloma, non-Hodgkin's lymphoma, brain, testicular, or breast cancer that is caused by contact with a toxic substance that the individual has encountered in the line of duty;

(d) Lyme disease. --

(1) (i) A paid law enforcement employee of the Department of Natural Resources who is a covered employee under § 9-207 of this title and a park police officer of the Maryland-National Capital Park and Planning Commission is presumed to have an occupational disease that was suffered in the line of duty and is compensable under this title if the employee:

1. is suffering from Lyme disease; and

2. was not suffering from Lyme disease before assignment to a position that regularly places the employee in an outdoor wooded environment.

(ii) The presumption under this subsection for a park police officer of the Maryland-National Capital Park and Planning Commission shall only apply:

1. during the time that the park police officer is assigned to a position that regularly places the park police officer in an outdoor wooded environment; and

1. is suffering from Lyme disease; and

2. was not suffering from Lyme disease before assignment to a position that regularly places the employee in an outdoor wooded environment.

(ii) The presumption under this paragraph shall apply only if:

1. for the 12-month period before the filing of the claim for workers' compensation under this section, the employee:

A. has not been employed by the Maryland-National Capital Park and Planning Commission as a seasonal or intermittent employee; and

B. has been employed by the Maryland-National Capital Park and Planning Commission on a full-time basis;

2. the employee's assignment to a position that regularly places the employee in an outdoor wooded environment lasted for at least 1 year; and

3. the employee files the claim for workers' compensation on or before the third anniversary of the last date that the employee was assigned to a position that regularly placed the employee in an outdoor wooded environment.

(e) Benefits in addition to retirement benefits. --

(1) Except as provided in paragraph (2) of this subsection, any paid firefighter, paid fire fighting instructor, sworn member of the Office of the State Fire Marshal, paid police officer, paid law enforcement employee of the Department of Natural Resources, deputy sheriff of Anne Arundel County, park police officer or employee of the Maryland-National Capital Park and Planning Commission, deputy sheriff of Montgomery County, deputy sheriff of Baltimore City, Montgomery County correctional officer, deputy sheriff of Prince George's County, or Prince George's County correctional officer who is eligible for benefits under subsection (a), (b), (c), or (d) of this section or the dependents of those individuals shall receive the benefits in addition to any benefits that the individual or the dependents of the individual are entitled to receive under the retirement system in which the individual was a participant at the time of the claim.

(2) The benefits received under this title shall be adjusted so that the weekly total of those benefits and retirement benefits does not exceed the weekly salary that was paid to the paid law enforcement employee of the Department of Natural Resources, a park police officer or employee of the Maryland-National Capital Park and Planning Commission, firefighter, fire fighting instructor, sworn member of the Office of the State Fire Marshal, police officer, deputy sheriff, or Prince George's County or Montgomery County correctional officer.

§ 9-503 - Occupational disease -- Presumption -- Firefighters, fire fighting instructors, rescue squad members, advanced life support unit members, and police officers (Abrogation of amendment effective September 30, 2015.)

(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

(b) Heart disease or hypertension -- Police officers. --

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

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

(ii) To be eligible for the presumption under this subsection, a deputy sheriff of Anne Arundel County, a deputy sheriff of Baltimore City, Montgomery County correctional officer, Prince George's County deputy sheriff, or Prince George's County correctional officer, 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 deputy sheriff of Anne Arundel County, deputy sheriff of Baltimore City, Montgomery County correctional officer, Prince George's County deputy sheriff, or Prince George's County correctional officer.

(d) Lyme disease. -- A paid law enforcement employee of the Department of 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:

(1) is suffering from Lyme disease; and

(2) was not suffering from Lyme disease before assignment to a position that regularly places the employee in an outdoor wooded environment.

(e) Benefits in addition to retirement benefits. --

(1) Except as provided in paragraph (2) of this subsection, any paid firefighter, paid fire fighting instructor, sworn member of the Office of the State Fire Marshal, paid police officer, paid law enforcement employee of the Department of Natural Resources, deputy sheriff of Anne Arundel County, deputy sheriff of Montgomery County, deputy sheriff of Baltimore City, Montgomery County correctional officer, deputy sheriff of Prince George's County, or Prince George's County correctional officer who is eligible for benefits under subsection (a), (b), (c), or (d) of this section or the dependents of those individuals shall receive the benefits in addition to any benefits that the individual or the dependents of the individual are entitled to receive under the retirement system in which the individual was a participant at the time of the claim.

(2) The benefits received under this title shall be adjusted so that the weekly total of those benefits and retirement benefits does not exceed the weekly salary that was paid to the paid law enforcement employee of the Department of Natural Resources, firefighter, fire fighting instructor, sworn member of the Office of the State Fire Marshal, police officer, deputy sheriff, or Prince George's County or Montgomery County correctional officer.

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2013 Maryland CodeLABOR AND EMPLOYMENT§ 9-503 - Occupational disease -- Presumption -- Firefighters, fire fighting instructors, rescue squad members, advanced life support unit members, and police officers [Subject to amendment effective June 1, 2013; amended version follows this section]

2013 Maryland Code
LABOR AND EMPLOYMENT
§ 9-503 - Occupational disease -- Presumption -- Firefighters, fire fighting instructors, rescue squad members, advanced life support unit members, and police officers [Subject to amendment effective June 1, 2013; amended version follows this section]