An Act To Extend a Workers Compensation Presumption To Law Enforcement Officers Further amend the bill by striking out everything after the enacting clause and before the summary and inserting in its place the following: . Sec. 1. 39-A MRSA §328, as enacted by PL 1991, c. 885, Pt. A, §8 and affected by §§9 to 11, is amended to read: §328. Cardiovascular 1nJury or disease and pulmonary disease suffered by firefiqhter or law enforcement officer or resu1tinq in death of firefighter or law enforcement officer Cardiovascular injury or disease and pulmonary disease suffered by a firefighter or law enforcement officer or resulting in a--:E-k-e-:f-:i:qbt-&1-'-s--e.eaes the death of a firefighter or law enforcement officer are governed by this section. 1. Firefighter defined. For the purposes of this section, firefighter means an active member of a municipal fire department or of a volunteer firefighters association if that Page 1-LR0536(2) COMMITTEE AMENDMENT
Maine Legislature, Session 121, LD 1352
Committee Amendment CA_A_H202 (House)
Amends: 39-A MRSA §328

COMMITTEE AMENDMENT ,,;I.. to H. P . 994, L . D • 
Act To Amend the Benefit for Accidental Death in 
for Law Enforcement Officers" 
1352, Bill, "An 
the Line of Duty 
Amend the bill by striking out the title and substituting 
the following: 
• An Act To Extend a Workers' 
Compensation Presumption To Law 
Enforcement Officers' 
Further amend the bill by striking out everything after the 
enacting clause and before the summary and inserting in its place 
the following: 
. Sec. 1. 39-A MRSA §328, as enacted by PL 1991, c. 885, Pt. 
A, §8 and affected by §§9 to 11, is amended to read: 
§328. 
Cardiovascular 1nJury or disease and pulmonary disease 
suffered by firefiqhter or law enforcement officer or 
resu1tinq in death of firefighter or law 
enforcement officer 
Cardiovascular 
injury 
or 
disease 
and 
pulmonary 
disease 
suffered by a firefighter or law enforcement officer or resulting 
in 
a--:E-k-e-:f-:i:qbt-&1-'-s--e.eaes the death of a 
firefighter or law 
enforcement officer are governed by this section. 
1. 
Firefighter defined. 
For the purposes of this section, 
"firefighter" 
means 
an 
active 
member 
of 
a 
municipal 
fire 
department or of a volunteer firefighters association if that 
COMMITTEE AMENDMENT 
'.~.(" 
--
\':':", 
',' 
COMMITTEE AMENDMENT ,,(f. to H.P. 994, L.D. 1352 
person is a member of a municipal fire department or volunteer 
firefighters 
association 
and 
if 
that 
person 
aids 
in 
the 
extinguishment of fires, regardless of whether or not that person 
has administrative duties or other duties as a member of the 
municipal fire department or volunteer firefighters association. 
1-A. 
Law enforcement officer defined. 
For purposes of this 
section, "law enforcement officer" has the same meaning as in 
Title 25, section 280l-A, SUbsection 5. 
2. 
Presumption for firefighters. 
There is a 
rebuttable 
presumption that a firefighter received the injury or contracted 
the disease arising out of and in the course of employment, that 
sufficient notice of the injury or disease has been given and 
that the injury or disease was not occasioned by the willful 
intention of the firefighter to cause self-injury or injury to 
another if the firefighter has been an active member 
of 
a 
municipal 
fire 
department 
or 
a 
volunteer 
firefighters 
association, as defined in Title 30-A, section 3151, for at least 
years prior to a 
cardiovascular injury or the onset of a 
cardiovascular disease or pulmonary disease and if: 
A. 
The 
within 6 
training 
disease has developed or the injury has occurred 
months of having participated in fire fighting, or 
or drill that actually involves fire fighting; or 
B. 
The 
firefighter 
had 
developed 
the 
disease 
or 
had 
suffered the injury that resulted in death within 6 months 
of having participated in fire fighting, 
or training or 
drill that actually involved fire fighting. 
3. 
Presumption for 1aw enforcement officers. 
There is a 
rebuttable presumption that a 
law enforcement officer received 
the injury or contracted the disease arising out of and in the 
course of employment. that sufficient notice of the injury or 
disease has been given and that the injury or disease was not 
occasioned by 
the willful intention of 
the 
law enforcement 
officer to cause self-injury or injury to another if the law 
enforcement officer has been an active duty 
law enforcement 
officer for at least 2 years prior to a cardiovascular injury or 
the onset of a cardiovascular disease or pulmonary disease and if: 
A. 
The disease has developed or the injury has occurred 
wi thin 6 months of having participated in active duty law 
enforcement activities; or 
B. 
The law enforcement off~cer had developed the disease or 
had suffered the injury that resulted in death within 6 
months of having participated in active duty law enforcement 
acti vi ties. • 
COMMITTEE AMENDMENT 
....... ,. 
COMMITTEE AMENDMENT .. .{f.. to H.P. 994, L.D. 1352 
SUMMARY 
This amendment replaces the bill. 
Instead of providing a 
presumption 
of 
work-related 
death 
under 
the 
Maine 
State 
Retirement System laws, this amendment extends to law enforcement 
officers an existing presumption under the workers' compensation 
law relating to firefighters. 
It provides that a law enforcement 
officer who suffers cardiovascular injury or disease or pulmonary 
disease is presumed to have suffered a compensable injury under 
the 
Maine 
Workers' 
Compensation 
Act 
of 
1992 
if 
the 
law 
enforcement officer was an active officer for at least 2 years 
and the injury or disease or death from the injury or disease 
occurs within 6 months after active duty. 
The presumption is 
rebuttable. 
FISCAL :\on: HE<JlIRED 
(See attached) 
COMMITTEE AMENDMENT 
Fiscal Detail and Notes 
Approved: 04/27 103 ~ae 
Office of Fiscal and Program Review 
LD 1352 
An Act to Amend the Benefit for Accidental Death in the Line of Duty 
for Law Enforcement Officers 
LR0536(02) 
Fiscal Note for Bill as Amended by Committee Amendment" " 
Committee: Labor 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - All Funds 
This legislation includes law enforecement officers as part of an existing rebuttable presumption under the workers' 
compensation law relating to firefighters. Because the number of fatalities that the State has experienced in this area 
has been low, this bill is not expected to have a significant fiscal impact on the State as an employer.