An Act Allowing Workers' Compensation Benefits for Firefighters Who Contract Cancer
Maine Legislature, Session 124, LD 0621
Committee Amendment CA_A-SA_A_S104 (Senate)

SENATE AMENDMENT "A "to COMMITTEE AMENDMENT "A" to S.P. 235, 
L.D. 621, Bill, "An Act Allowing Workers' Compensation Benefits for Firefighters Who 
Contract Cancer" 
Amend the amendment in section 1 by striking .out all of §328-B and inserting the 
following: 
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'§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 meanin&s. 
A. "Cancer" means multiple myeloma, non-Hodgkin's lymphoma, prostate cancer or 
testicular cancer. 
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. 
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C. "Firefighter" means a municipal firefighter as defined in Title 30-A, section 3151, 
subsection 2 or a volunteer firefighter as defined in Title 30-A, section 3151, 
subsection 4. 
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D. 
"Test" means a standard, medically acceptable test designed to reveal either 
evidence of the cancer for which a presumption is sought ot evidence of a medical 
condition derived from the cancer itself. 
2. Presumption. If a firefighter who is diagnosed with cancer prior to 65 years of 
age has. met the requirements of subsections 3, 4 and 5, there is a rebuttable presumption 
that the cancer arose out of and in the course of employment as a firefighter, that 
sufficient notice of the cancer has been given and that the cancer was not occasioned by 
the willful intention of the firefighter to cause the cancer. 
3. Required medical tests. To be entitled to the presumption in subsection 2, the 
firefighter, during the time of employment as a firefighter, must have undergone a test 
that failed to indicate the presence of the cancer for which the presumption is sought. 
SENATE AMENDMENT 
SENATE AMENDMENT" A 
"to COMMlTTEE AMENDMENT "A" to SoP 0 235, L.Do 621 
. 4. Required service. To be entitled to the presumption under subsection 2. the 
firefighter must have been employed as a firefighter for at least 10 years and must have 
. engaged in fighting at least 200 fires that required the firefighter's direct and personal 
exposure to heat. smoke and radiation. 
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5. Required showings. 
To be entitled to the presumption in subsection 2. the 
firefighter must show that his or her diagnosed cancer is not prevalent among the 
firefighter's blood-related parents. grandparents or siblings and that the firefighter has no 
substantial lifetime exposures to carcinogens that are associated with the firefighter's 
diagnosed cancer other than the exposures of firefighting. 
6. Liability if services .performed for more than one em~loyer. If a firefighter 
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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 substantial exposure to the risk of cancer are the only-
persons liable under this Part. For the purposes of this subsection. "substantial exposure" 
means exposure from having fought at least 30 fires requiring the firefighter's direct and 
personal exposure to heat, smoke' and radiation. 
7. Retired firefighters. This section does not apply to a firefighter who is diagnosed 
with cancer more than 10 years after the firefighter's last active employment as it 
firefighter.' 
SUMMARY 
This amendment amends the committee amendment. Like the bill as amended by 
Committee Amendment "A," this amendment maintains the rebuttable presumption under 
the Maine Workers' Compensation Act of 1992 that a firefighter who contracts cancer 
contracted the disease in the course of employment as a firefighter if the firefighter, 
during the time of that firefighter's employment, received a test for cancer that failed to 
detect cancer. 
Unlike the bill as amended by Committee Amendment "A," this 
amendment limits the definition of "cancer" and adds a definition of "test" to the list of 
definitions and specifies that the firefighter must have been a firefighter for at least 10' 
years and have been directly exposed to heat, smoke and radiation in at least 200 fires, 
must show that the diagnosed cancer is not prevalent among the firefighter's parents, 
grandparents and siblings and must show that the firefighter has not had substantial 
lifetime exposure to carcinogens associated with the cancer outside offirefighting .. 
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The amendment clarifies that substantial exposure to the risk of cancer arises from 
having fought at least 30 fires requiring the firefighter's direct exposure to heat, smoke 
SENATE AMENDMENT 
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SENATE AMENDMENT ,it "to COMMITTEE AMENDMENT "A" to S.P. 235, L.D. 621 
and radiation. The amendment reduces the time limit in which the presumption arises 
from 20 years from the firefighter's last active employment aS,a firefighter to 10 years. 
FISCAL NOTE REQUIRED 
(s •• atta~ 
SPONSORED BY, 
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(Senator MILLS, P.) 
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COUNTY: Somerset 
SENA TE AMENDMENT 
Approved: 04/24/09 Mac. 
LD621 
LR 667(03) 
An Act Allowing Workers' Compensation Benefits for Firefighters Who Contract Cancer 
FiscalNote for Senate Amendment ,~ " to Committee Amendment "A" 
Sponsor: Sen. Mills of Somerset 
Fiscal Note Requnired: Yes 
Fiscal Note 
Reduced risk to local units of government 
Fiscal Detail and Notes 
This amendment may reduce the number of firefighters who may qualify for the rebuttable presumption and, in tum, 
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may reduce the impact on premiums and legal costs that local uriits of government may experience. The impact to 
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individual municipalities can not be detennined at this time. 
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LR0667(03) - Fiscal Note - Page 1 of 1