An Act To Support Law Enforcement Officers, Corrections Officers, E-9-1-1 Dispatchers, Firefighters and Emergency Medical Services Persons Diagnosed with Post-traumatic Stress Disorder
Maine Legislature, Session 130, LD 1879
Committee Amendment CA_A_H888 (House)
Amends: 39-A MRSA §153, 39-A MRSA §201

COMMITTEE AMENDMENT "H" to H.P. 1389, L.D. 1879, "An Act To Support 
Law Enforcement Officers, Corrections Officers, E-9-1-1 Dispatchers, Firefighters and 
Emergency Medical Services Persons Diagnosed with Post-traumatic Stress Disorder" 
Amend the bill by striking out everything after the enacting clause and inserting the 
following: 
'Sec. 1. 39-A MRSA §153, sub-§11 is enacted to read: 
11. Reports on use of rebuttable presumption. The board shall submit reports 
containing claims data from claims brought under section 201, subsection 3-A, paragraph 
B to the joint standing committee of the Legislature having jurisdiction over labor matters 
in accordance with this subsection. 
A. No later than April 1, 2025, the board shall submit to the joint standing committee 
of the Legislature having jurisdiction over labor matters a report regarding claims 
brought by corrections officers, as defined in section 328-A, subsection Land E-9-1-
dispatchers, including emergency medical dispatchers, as defined in Title 32, section 
85-A, subsection 1, paragraph D. The committee may report out legislation related to 
the content of the report to the First Regular Session of the 132nd Legislature. 
B. No later than January L 2027, the board shall submit to the joint standing committee 
of the Legislature having jurisdiction over labor matters a report regarding claims 
brought by law enforcement officers, firefighters and emergency medical services 
persons, as defined in section 328-A, subsection 1. The committee may report out 
legislation related to the content of the report to the First Regular Session of the 133rd 
Legislature. 
C. No later than Januaty 1, 2032, the board shall submit to the joint standing committee 
of the Legislature having jurisdiction over labor matters a report regarding claims 
brought by corrections officers, as defined in section 328-A, subsection Land E-9-1-1 
dispatchers, including emergency medical dispatchers, as defined in Title 32, section 
85-A, subsection 1, paragraph D. The committee may report out legislation related to 
the content of the report to the Second Regular Session of the 135th Legislature. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT,._;;;, to H.P. 1389, L.D. 1879 
The reports must include, to the extent the information is available, an analysis of claims 
brought under section 201, subsection 3-A, paragraph B for the particular category of 
employees, as provided in this subsection. The reports must include the portion of those 
claims that resulted in a settlement or award of benefits and the effect of the claims 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 reports, and the board shall seek the input of an association whose 
membership consists exclusively of counties. municipalities and other political or 
administrative subdivisions in the development of the report. 
This subsection is repealed October 1, 2025. 
Sec. 2. 39-A MRSA §201, sub-§3-A, 1-8, as amended by PL 2021, c. 419, §1, is 
further amended to read: 
B. The employee is a law enforcement officer, corrections officer, E-9-1-1 dispatcher, 
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," 
"corrections officer," "firefighter" and "emergency medical services person" have the 
same meaning as in section 328-A, subsection 1. For the purposes of this paragraph, 
"E-9-1-1 dispatcher" means a person who receives calls made to the E-9-1-1 system 
and dispatches emergency services. 
"E-9-1-1 dispatcher" includes an emergency 
medical dispatcher as defined in Title 32, chapter 2-B, section 85-A, subsection 1, 
paragraph D. 
B:,' Jaaaary 1, 2022, the board shall sl:l-bmi-t a report to the jornt staadrng eommittee of 
the Legislatare having jarisdietioa over labor matters that iaelades aa aaalysis of the 
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nlHUber of elaims brought UB:lier this f)aragraph, the portion of those claims that resulted 
ia a settlemeat or avrard of beaefits aad the effeet of the provisioas of this para-graph 
oa costs to the State aad its sabdivisioas. The Departmeat of ,A..dmiaistrati:ve aad 
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Frnaacial Services, Bureau of Human R~sources and the Departtneat of Pl:l-blie Safety 
shall assist the board iH de:v=elopiag the report, aad the board shall seek the input of aa 
assoeiatioa, the membership of vrl:i-ioh eoasists m,elasively of emmties, muaieipalities 
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and other poli-tieal or administrative sl:l-bdivisioas, in the dewlopmeat of the report. 
Each time the Legislature amends this paragraph to provide for a rebuttable 
presumption for a new category of employees. the board shall submit a report to the 
joint standing committee of the Legislature having jurisdiction over labor matters no 
later than the January 1st after the 5th year of the addition of the category of employees 
and no later than the January 1st after the 10th year of the addition of the category of 
employees. The reports must include an analysis of the number of claims brought under 
this paragraph. the portion of those claims that resulted in a settlement or award of 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT •ff' to H.P. 1389, L.D. 1879 
benefits and the effect of the provisions of this paragraph on costs to the State and its 
subdivisions. The Department of Administrative and Financial Services, Bureau of 
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Human Resources and the Department of Public Safety shall assist the board in 
developing the reports, and the board shall seek the input of an association the 
membership whose consists exclusively of counties, municipalities and other political 
or administrative subdivisions in the development of the report. 
This paragraph is repealed October 1, ~ 
2025.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section 
number to read consecutively. 
This amendment replaces the bill. 
SUMMARY 
Current law in the Maine Revised Statutes, Title 39-A, section 201, subsection 3-A, 
paragraph B creates for certain employees with post-traumatic stress disorder claims under 
the Workers' Compensation Act a rebuttable presumption that the condition is a work-
related injury. Current law also requires the Workers' Compensation Board to report to the 
joint standing committee of the Legislature having jurisdiction over labor matters by 
January 1, 2022 with an analysis of the claims brought under that law. Current law provides 
that these provisions are repealed on October 1, 2022. The amendment amends these 
provisions in the following ways. 
1. It repeals the reporting requirement and replaces it with a new prospective 
requirement for the Workers' Compensation Board to report to the joint standing committee 
of the Legislature having jurisdiction over labor matters with an analysis of claims brought 
under the Maine Revised Statutes, Title 39-A, section 201, subsection 3-A, paragraph B 5 
years and 10 years after the Legislature amends the provision to add a new category of 
employees eligible for the rebuttable presumption. 
2. It extends the repeal date by 3 years until October 1, 2025. This repeal date means 
that the rebuttable presumption for certain employees will no longer be available after 
October 1, 2025. To avoid a conflict, the reporting requirements will also be repealed on 
October 1, 2025. 
The amendment also establishes additional reporting requirements for the Workers' 
Compensation Board relating to claims brought under the rebuttable presumption provision 
in Title 39-A, section 201, subsection 3-A, paragraph B. It requires the board to report to 
the joint standing committee of the Legislature having jurisdiction over labor matters in the 
following ways. 
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1. It requires the board, no later than April 1, 2025, to report on rebuttable presumption 
claims made by corrections officers and E-9-1-1 dispatchers. 
2. It requires the board, no later than January 1, 2027, to report on rebuttable 
8 
presumption claims made by law enforcement officers, firefighters or emergency medical 
services persons. This report will consist of claims data for claims brought by these 
employees under Title 39-A, section 201, subsection 3-A, paragraph B prior to its repeal 
date of October 1, 2025. 
3. It requires the board, no later than January 1, 2032, to report on rebuttable 
presumption claims by c01Tections officers and E-9-1-1 dispatchers. This report will 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT •#to H.P. 1389, L.D. 1879 
consist of claims data for claims brought by these employees under Title 3 9-A, section 201, 
subsection 3-A, paragraph B prior to its repeal date of October 1, 2025. 
The amendment specifies the information that must be included in the 3 reports and 
authorizes the joint standing committee of the Legislature having jurisdiction over labor 
matters to report out legislation relating to each report during the session in which the report 
is received. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 03/03/22 frac::.. 
LD 1879 
LR2421(02) 
An Act To Support Law Enforcement Officers, Corrections ,Officers, E-9-1-1 Dispatchers, Firefighters 
and Emergency Medical Services Persons Diagnosed with Post-traumatic Stress Disorder 
l?iscal Detail and Notes 
Fiscal Note for Bill as Amended by Committee Amendment ,jf {/I- f tt:£5) 
Committee: Labor and Housing 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor cost increase - Other Special Revenue Funds 
Additional costs to the Department of Public Safety, the Department of Administrative and Financial Services and the 
Workers' Compensation Board to implement the requirements of this legislation can be absorbed within existing 
budgeted resources. 
LR2421(02) • Fiscal Note - Page 1 of 1