2017 Maryland Code
Labor and Employment
Title 9 - Workers' Compensation
Subtitle 2 - Covered Employees and Employers
§ 9-234. Volunteer fire or rescue company

  • (a) Definitions. --
    • (1) In this section the following words have the meanings indicated.
    • (2) (i) "On duty" means:
      • 1. fighting a fire;
      • 2. performing a duty of a member of an advanced life support unit or an ambulance, first aid, or rescue squad in a volunteer company;

        3. except as provided in subparagraph (ii) of this paragraph, performing a duty that the volunteer company assigns to the member;

      • 4. performing a duty that a written bylaw or rule of government adopted for the volunteer company assigns to the member;
      • 5. going to or from performing a duty included under item 1, 2, 3, or 4 of this subparagraph;
      • 6. accompanying an accident or fire victim while being transported to a hospital in a helicopter;
      • 7. returning to the home station of the individual after accompanying a victim under item 6 of this subparagraph;
      • 8. performing a duty assigned to a member of a fire company appointed as a deputy sheriff under § 7-302 or § 7-303 of the Public Safety Article; or
      • 9. performing a duty assigned to an individual appointed to serve as a member of the fire police in Washington County under § 7-304 of the Public Safety Article.
        • (ii) "On duty" does not include attendance of a member of a volunteer company at a social function unless a written bylaw or rule of government adopted for the volunteer company requires the attendance or participation of the member.
    • (3) "Volunteer company" means:
      • (i) a volunteer advanced life support unit;
      • (ii) a volunteer ambulance company or squad;
      • (iii) a volunteer fire company or department;
      • (iv) a volunteer rescue company, department, or squad; and
      • (v) a volunteer fire police unit.
  • (b) Scope of coverage. -- An individual who is a covered employee under subsection (h)(2), (k), (n), (o)(2), (p)(1)(ii), (r)(3), (v), or (x)(1) of this section continues to be a covered employee while:
    • (1) accompanying an accident or fire victim who is being transported to a hospital in a helicopter; and
    • (2) returning to the home station of the individual after accompanying a victim under item (1) of this subsection.
  • (c) Allegany County. --
    • (1) Unless an election is made under paragraph (2) of this subsection, a member of a volunteer company in Allegany County is not a covered employee.
    • (2) The Board of County Commissioners for Allegany County may provide by resolution for members of a volunteer company in the county to be covered employees while on duty.
  • (d) Anne Arundel County. -- A member of a volunteer company in Anne Arundel County is a covered employee while on duty.
  • (e) Baltimore County. -- A member of a volunteer company in Baltimore County is a covered employee while on duty.
  • (f) Calvert County. -- A member of a volunteer company in Calvert County is a covered employee while on duty.
  • (g) Caroline County. -- A member of a volunteer company in Caroline County is a covered employee while on duty.
  • (h) Carroll County. --
    • (1) Unless an election is made in accordance with this subsection, a member of a volunteer company in Carroll County is not a covered employee.
    • (2) A volunteer fire company in Carroll County may elect to make its members covered employees.
    • (3) A volunteer fire company that elects to make its members covered employees shall pay the premium for the coverage.
  • (i) Cecil County. --
    • (1) A member of a volunteer company in Cecil County who meets the guidelines set under paragraph (2) of this subsection is a covered employee while on duty.
    • (2) The Board of County Commissioners of Cecil County may set guidelines to determine the eligibility of members of a volunteer company in the county for coverage under this subsection.
    • (3) The guidelines under paragraph (2) of this subsection may not limit the number of covered employees in a volunteer company.
  • (j) Charles County. --
    • (1) Unless an election is made in accordance with this subsection, a member of a volunteer company in Charles County is not a covered employee.
    • (2) The Board of County Commissioners of Charles County may provide by resolution for members of a volunteer company in the county to be covered employees while on duty.
  • (k) Dorchester County. -- A member of a volunteer company in Dorchester County is a covered employee.
  • (l) Frederick County. -- A member of a volunteer company in Frederick County is a covered employee while on duty.
  • (m) Garrett County. --
    • (1) Unless an election is made under paragraph (2) of this subsection, a member of a volunteer company in Garrett County is not a covered employee.
    • (2) The Board of County Commissioners for Garrett County may provide by resolution for members of a volunteer company in the county to be covered employees while on duty.
  • (n) Harford County. -- A member of a volunteer company in Harford County is a covered employee.
  • (o) Howard County. -- An individual is a covered employee:
    • (1) while on duty as an actively participating member of a volunteer company in Howard County; or
    • (2) if not covered under item (1) of this subsection, while a member of a volunteer company in Howard County participating in the activities of the volunteer company.
  • (p) Kent County. --
    • (1) An individual is a covered employee:
      • (i) while on duty as an actively participating member of a volunteer company in Kent County; or
      • (ii) if not covered under item (i) of this paragraph, while a member of a volunteer company in Kent County.
    • (2) The Board of County Commissioners of Kent County shall impose annually a tax on assessable property in the county in an amount that is sufficient to pay for coverage under this subsection.
    • (3) The Board of County Commissioners of Kent County may limit the number of members in a volunteer company in the county.
  • (q) Montgomery County. -- A member of a volunteer company in Montgomery County is a covered employee while on duty.
  • (r) Prince George's County. -- An individual is a covered employee:
    • (1) while on duty as a member of the Laurel volunteer rescue squad in Prince George's County; or
    • (2) while a member of a volunteer company in Prince George's County.
  • (s) Queen Anne's County. -- A member of a volunteer company in Queen Anne's County is a covered employee while on duty.
  • (t) St. Mary's County. --
    • (1) Unless an election is made under paragraph (2) of this subsection, a member of a volunteer company in St. Mary's County is not a covered employee.
    • (2) The Board of County Commissioners for St. Mary's County may provide by resolution for the members of a volunteer company in the county to be covered employees while on duty.
  • (u) Somerset County. --
    • (1) Unless an election is made under paragraph (2) of this subsection, a member of a volunteer company in Somerset County is not a covered employee.
    • (2) The Board of County Commissioners for Somerset County may provide by resolution for members of a volunteer company in the county to be covered employees while on duty.
  • (v) Talbot County. --
    • (1) A member of a volunteer company in Talbot County is a covered employee.
    • (2) The County Council of Talbot County may provide by resolution for members of a volunteer company in the county to be covered employees while on duty.
  • (w) Washington County. --
    • (1) Unless an election is made under paragraph (2) of this subsection, a member of a volunteer company in Washington County is not a covered employee.
    • (2) The Board of County Commissioners for Washington County may provide by resolution for members of a volunteer company in the county to be covered employees while on duty.
  • (x) Wicomico County. --
    • (1) A member of a volunteer company in Wicomico County is a covered employee.
    • (2) The County Council of Wicomico County may provide by resolution for members of a volunteer company in the county to be covered employees while on duty.
  • (y) Worcester County. --
    • (1) Unless an election is made under paragraph (2) of this subsection, a member of a volunteer company in Worcester County is not a covered employee.
    • (2) The Board of County Commissioners for Worcester County may provide by resolution for members of a volunteer company in the county to be covered employees while on duty.
  • (z) Employer. --
    • (1) For the purposes of this title, a member of a volunteer company who is a covered employee under this section is an employee of the political subdivision of the State where the volunteer company is organized.
    • (2) A member of a volunteer company shall be covered while on duty by a policy of workers' compensation insurance.
  • (aa) Paid covered employee. -- A member of a volunteer company who is a covered employee under this section may not be considered a paid covered employee of the volunteer company for receiving as a membership benefit a yearly stipend of $ 5,200 or less to help offset out-of-pocket expenses.
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