An Act Extending Workers' Compensation Benefits to Certain Employees of the Office of the State Fire Marshal Who Contract Cancer
Maine Legislature, Session 127, LD 0125
Committee Amendment CA_A_S76 (Senate)
Amends: 39-A MRSA §328-B

COMMITTEE AMENDMENT" A" to S.P. 59, L.D. 125, Bill, "An Act Extending 
Workers' Compensation Benefits to Certain Employees of the Office of the State Fire 
Marshal Who Contract Cancer" 
Amend the bill by adding after section 2 the following: 
'Sec. 3. 39-A MRSA §328-B, sub-§8 is enacted to read: 
8. Safety equipment for investigators and sergeants in the Office of the State 
Fire Marshal. In order to qualify for the presumption under subsection 2, an investigator 
or sergeant in the Office of the State Fire Marshal must represent that the investigator or 
sergeant used protective equipment in compliance with the policies of the Office of the 
State Fire Marshal in effect during the course of the investigator's or sergeant's 
employment.' 
SUMMARY 
This amendment changes the bill by adding a requirement that, in order to qualify for 
the rebuttable presumption that cancer was contracted in the course of employment, an 
investigator or sergeant in the Office of the State Fire Marshal must represent that the 
investigator or sergeant used protective equipment in compliance with Office of the State 
Fire Marshal policies in effect during the course of the investigator's or sergeant's 
employment. 
FISCAL XOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 04/17115 
::WaC! 
LD 125 
LR396(02) 
An Act Extending Workers' Compensation Benefits to Certain Employees of the Office of the State 
Fire Marshal Who Contract Cancer 
Fiscal Note for Bill as Amended by Committee Amendment ''A'' (S-7<.9) 
Committee: Labor, Commerce, Research and Economic Development 
Fiscal Note Required: Yes 
Fiscal Note 
Potential current biennium cost increase - Worker's Compensation Management Fund 
Potential future biennium cost increase - General Fund 
Potential future biennium cost increase - Other Special Revenue Funds 
Fiscal Detail and Notes 
Adding fIre investigators and sergeants employed by the OffIce ofthe State Fire Marshall to the defInition of a 
fIrefIghter that may qualify for workers' compensation benefIts under a rebuttable presumption contained in Title 39-
A, §328-B may increase costs to the Workers' Compensation Management Fund within the Department of 
Administrative and Financial Services beginning in fIscal year 2015-16. The impact to the Fund will depend on actual 
experience. 
According to the State's data warehouse, there are currently 14 fIlled and one vacant fIre investigator, senior fire 
investigator and fIre investigations sergeant positions within the Office of the State Fire Marshall. Although the exact 
cost to the State related to lost time and medical costs will depend on actual experience, the Division of Workers' 
Compensation within the Bureau of Human Resourses estimates the annual cost in lost time benefIts only to be 
approximately $38,602 per claim and a maximum cost for one fatality who has a minor child to be as high as 
$694,839 in lost time benefIts alone. 
This provision may also increase General Fund and Other Special Revenue Funds costs to the OffIce of the Fire 
Marshall within the Department of Public Safety from increased workers' compensation premiums. The State, as a 
self-insured program, charges each state agency a premium rate that is built into the cost associated with each position 
within an agency. That rate is based on the actual claims experience of each agency and is averaged over a three-year 
period. The future impact to the premium rate for the Office of the State Fire Marshall will be based on actual 
expenence. 
LR0396(02) - Fiscal Note - Page 1 of 1