An Act Allowing Workers' Compensation Benefits for Firefighters Who Contract Cancer
Maine Legislature, Session 124, LD 0621
Committee Amendment CA_A_S100 (Senate)

COMMITTEE AMENDMENT "A "to S.P. 235, L.D. 621, Bill, "An Act Allowing 
Workers' Compensation Benefits for Firefighters Who Contract Cancer" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 39-A MRS A §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 kidney cancer, non-Hodgkin'S lymphoma, colon cancer, 
leukemia, brain cancer, bladder cancer, multiple myeloma, prostate cancer, testicular 
cancer or breast 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. 
C. "Firefighter" means a member of a municipal fire depal1ment or volunteer fire 
association whose duties include the extinguishment of fires or responding to other 
emergencies. 
2. Presumption. If a firefighter who contracts cancer has met the requirements of 
subsections 3, 6 and 7, there is a rebuttable presumption that the firefighter contracted the 
cancer in the course of employment as a firefighter and as a result of that employment, 
that sufficient notice of the cancer has been given and that the disease was not occasioned 
by any willful act of the firefighter to cause the disease. 
3. 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 
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COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A" to S.P. 235, L.D. 621 
or evidence of the medical conditions derived from the disease, which test failed to 
indicate the presence or condition of cancer. 
4. Liability if services performed for more than one employer. If a firefighter 
who contracts cancer was employed as a firefighter by more than one employer and 
qualifies for the presumption under subsection 2, and that presumption has not been 
rebutted, the employer and insurer at the time of the last substantial exposure to the risk 
of the cancer are liable under this Part. 
5. Retired firefighter. This section applies to a firefighter who is diagnosed with 
cancer within 10 years of the firefighter's last active employment as a firefighter or prior 
to attaining 70 years of age, whichever occurs first. 
II 
6. Length of service. In order to qualify for the presumption under subsection 2, the 
firefighter must have been employed as a firefighter for 5 years and regularly responded 
to firefighting or emergency calIs. 
7. Written verification. In order to qualify for the presumption under subsection 2, 
IS 
a firefighter must sign a written affidavit declaring, to the best of the firefighter's 
knowledge and belief, that the firefighter'S 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 exposure through firefighting.' 
SUMMARY 
This amendment, which is the majority report of the committee, requires that, to be 
eligible for workers' compensation benefits, in addition to the presumption established in 
the bilI, the firefighter must have been employed as a firefighter for a minimum of 5 years 
and have regularly responded to firefighting or emergency calIs. 
The amendment 
changes the application of the presumption for retired firefighters who contract cancer 
from within 20 years to within 10 years of last active employment or prior to 70 years of 
age. The amendment also requires the firefighter to verify that the diagnosed cancer is 
not prevalent in the firefighter's blood-related family and is not due to exposures to 
carcinogens outside the firefighter's employment as a firefighter. 
FISCAL ~OTE REQLlRED 
(~ee attached) 
COMMITTEE AMENDMENT 
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LD 621 
LR 667(02) 
An Act Allowing Workers' Compensation Benefits for Firefighters Who Contract Cancer 
State Mandates 
Fiscal Note for Bill as Amended by Committee Amendment "A" 
Committee: Labor 
Fiscal Note Required: Yes 
Fiscal Note 
Local government costs - potential state mandate 
Required Activity 
Unit Affected 
Shifting the burden of proof that a municipal firefighter or volunteer firefighter 
Municipality 
contracted certain types of cancer as a result of employment as a firefighter from the 
claimant to the employer and/or the employer's insurer may represent an indirect 
modification of a municipal activity. 
Local Cost 
Significant 
statewide 
The indirect modification of local activities in this bill may represent a State mandate pursuant to the Constitution of 
Maine. Unless General Fund appropriations are provided to fund at least 90% of the additional costs or a Mandate 
Preamble is amended to the bill and two-thirds ,of the members of each House vote to exempt this mandate from the 
funding requirement, municipalities may not be required to implement these changes. 
Fiscal Detail and Notes 
This legislation will increase costs to local governments in the form of both higher premiums for workers' 
compensation insurance and increased legal costs. The impact to individual municipalites can not be determined at 
this time and will depend on actual experience. 
LR0667(02) - Fiscal Note - Page 1 of 1