An Act Allowing Workers' Compensation Benefits for Firefighters Who Contract Cancer
Maine Legislature, Session 124, LD 0621
Committee: Labor
Sponsors: BARTLETT, PINGREE, COURTNEY, JACKSON, CAMPBELL, FLETCHER, LAJOIE, PRATT, RUSSELL
Amends: 39-A MRSA §328-B

Legislative Document 
No. 621 
S.P.235 
In Senate, February 17,2009 
An Act Allowing Workers' Compensation Benefits for Firefighters 
Who Contract Cancer 
Reference to the Committee on Labor suggested and ordered printed. 
Presented by Senator BARTLETT of Cumberland. 
Cosponsored by Speaker PINGREE of North Haven and 
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JOY J. O'BRIEN 
Secretary of the Senate 
Senators: COURTNEY of York, JACKSON of Aroostook, McCORMICK of Kennebec, 
Representatives: CAMPBELL of Newfield, FLETCHER of Winslow, LAJOIE of Lewiston, 
PRATT of Eddington, RUSSELL of Portland. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 39-A MRSA §328-B is enacted to read: 
§328-B. Cancer suffered by a firefighter 
Cancer suffered by a firefighter is governed by this section. 
1. Definitions. As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A. "Cancer" means a cancer affecting the skin or the central nervous, lymphatic, 
digestive, hematological, urinary, skeletal, oral, breast, testicular, genitourinary, liver 
or prostate systems or that may result from exposure to heat, radiation or a known or 
suspected carcinogen. 
B. "Employed" means to be employed as an active duty firefighter or to be an active 
member of a volunteer fire association with no compensation other than injury and 
death benefits. 
C. "Firefighter" means a municipal firefighter as dermed in Title 30-A, section 3151, 
subsection 2 or a volunteer firefighter as defined in Title 30-A, section 3151, 
subsection 4. 
2. Presumption. If a firefighter who contracts cancer has met the requirements of 
subsection 3, there is a rebuttable presumption that the firefighter contracted the disease 
arising out of and in the course of employment as a firefighter, that sufficient notice of 
the disease has been given and that the disease was not occasioned by the willful 
intention of the firefighter to cause the disease. 
3. Required medical tests. In order to be entitled to the presumption in subsection 
2, during the time of employment as a firefighter the firefighter must have undergone a 
standard, medically acceptable test for evidence of the cancer for which the presumption 
is sought or evidence of the medical conditions derived from the disease,-which test fairea 
to indicate the presence or condition of cancer. This subsection does not apply to a 
firefighter who is employed on the effective date of this section. 
4. Liability if services performed for more than one employer. If a firefighter 
who contracts cancer and qualifies for the presumption under subsection 2 was employed 
by more than one employer, the employer of the firefighter and the insurer of that 
employer at the time of the last exposure to the risk of the cancer are the only persons 
liable under this Part. 
5. Retired firefighters. This section applies to a firefighter who is diagnosed with 
cancer within 20 years of the firefighter's last active employment as a firefighter. 
SUMMARY 
This bill creates a rebuttable presumption under the Maine Workers' Compensation 
Act of 1992 that a firefighter who contracts cancer contracted the disease in the course of 
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employment as a firefighter if the firefighter, during the time of that firefighter's 
employment, received a test for cancer that failed to detect the cancer. TIns bill makes 
the last employer for whom the firefighter worked at the time of the last exposure to the 
risk of cancer and that employer's insurer liable for the cancer.