An Act To Support Law Enforcement Officers and First Responders Diagnosed with Post-traumatic Stress Disorder
Maine Legislature, Session 128, LD 0848
Committee Amendment CA_A_H448 (House)

COMMITTEE AMENDMENT "H" to H.P. 597, L.D. 848, Bill, "An Act To 
Support Law Enforcement Officers and First Responders Diagnosed with Post-traumatic 
Stress Disorder" 
Amend the bill by inserting after the title and before the enacting clause the 
following: 
'Mandate preamble. This measure requires one or more local units of government 
to expand or modify activities so as to necessitate additional expenditures from local 
revenues but does not provide funding for at least 90% of those expenditures. Pursuant to 
the Constitution of Maine, Article IX, Section 21, 2/3 of all of the members elected to 
each House have determined it necessary to enact this measure.' 
Amend the bill in section 2 in subsection 3-A by striking out all of paragraph B and 
inserting the following: 
'B. The employee is a law enforcement officer, firefighter or emergency medical 
services person and is diagnosed by an allopathic physician or an osteopathic 
physician licensed under Title 32, chapter 48 or chapter 36, respectively, with a 
specialization in psychiatry or a psychologist licensed under Title 32, chapter 56 as 
having post-traumatic stress disorder that resulted from work stress, that the work 
stress was extraordinary and unusual compared with that experienced by the average 
employee and the work stress and not some other source of stress was the 
predominant cause of the post-traumatic stress disorder, in which case the 
post-traumatic stress disorder is presumed to have arisen out of and in the course of 
the worker's employment. This presumption may be rebutted by clear and convincing 
evidence to the contrary. For purposes of this paragraph, "law enforcement officer," 
"firefighter" and "emergency medical services person" have the same meaning as in 
section 328-A, subsection 1. 
By Januaty 1, 2022, the board shall submit a report to the joint standing committee of 
the Legislature having jurisdiction over labor matters that includes an analysis of the 
number of claims brought under this paragraph, the portion of those claims that 
resulted in a settlement or award of benefits and the effect of the provisions of this 
COMMITTEE AMENDMENT 
ROFS 
COMMITTEE AMENDMENT l4 "to H.P. 597, L.D. 848 
paragraph on costs to the State and its subdivisions. 
The Department of 
Administrative and Financial Services, Bureau of Human Resources and the 
Department of Public Safety shall assist the board in developing the report, and the 
board shall seek the input of an association, the membership of which consists 
exclusively of counties, municipalities and other political or administrative 
subdivisions, in the development of the repo1t. 
This paragraph is repealed October 1, 2022.' 
SUMMARY 
This amendment changes the rebuttable presumption in the workers' compensation 
laws created by the bill by requiring that a psychiatrist or psychologist must diagnose the 
employee as having post-traumatic stress disorder resulting from work stress that was 
extraordinary and unusual and that the work stress and not some other source of stress 
was the predominant cause of the post-traumatic stress disorder. The amendment also 
eliminates co11'ections officers from the classes of employees that are eligible for the 
presumption. This amendment directs the Workers' Compensation Board to submit a 
report to the joint standing committee of the Legislature having jurisdiction over labor 
matters by January 1, 2022 analyzing the number of claims brought as a result of the 
provisions of the bill, the portion of those claims that resulted in a settlement or award of 
benefits and the effect of the provisions of the bill on costs to the State and its 
subdivisions. 
The Department of Administrative and Financial Services, Bureau of 
Human Resources and the Department of Public Safety are directed to assist the board in 
developing the report, and the board is required to seek the input of an association, the 
membership of which consists exclusively of counties, municipalities and other political 
or administrative subdivisions, in the development of the report. This amendment also 
repeals the new rebuttable presumption October 1, 2022 and adds a mandate preamble. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Revised: 06/02/17 hae".-
LD 848 
LR 1943(02) 
An Act To Support Law Enforcement Officers and First Responders Diagnosed with Post-traumatic 
Stress Disorder 
~ 
Fiscal Note for Bill as Amended by Committee Amendment 'ff' c~- ~ ~2 
Committee: Labor, Commerce, Research and Economic Development 
State Mandates 
Required Activity 
Fiscal Note Required: Yes 
Fiscal Note 
State Mandate - Exempted 
Potential current biennium cost increase - All Funds 
Shifting the burden of proof that a law enforcement officer, firefighter or emergency 
medical services worker diagnosed as having posHraumatic stress disorder by a 
psychiatrist or psychologist developed that condition as a result of work stress from 
the claimant to the employer and/or the employer's insurer may represent a 
modification or expansion of a municipal and/or county activity. 
Unit Affected 
Municipality 
County 
Local Cost 
Significant 
statewide 
Pursuant to the Mandate Preamble, the two-thirds vote of all members elected to each House exempts the State from 
the constitutional requirement to fund 90% of the additional costs. 
Fiscal Detail and Notes 
This legislation will result in additional costs to the State as a direct reimbursement employer and to the Department 
of Public Safety associated with increased payments of workers' compensation benefits and legal and administrative 
expenses. The impact will depend on actual experience. 
This legislation will also increase costs to local governments in the form of both higher premiums for workers' 
compensation insurance and increased legal and administrative costs. The impact to individual units of government 
will depend on actual experience. 
LR1943(02) - Fiscal Note - Page 1 of 1