An Act to Create a Presumption That a Cardiovascular Injury or Disease or Pulmonary Disease Suffered by Certain Law Enforcement Officers Is in the Course of Employment
Maine Legislature, Session 131, LD 1123
Committee: Labor and Housing
Sponsors: LAWRENCE, MEYER, HARRINGTON, MALON, MASTRACCIO
Amends: 5 MRSA §18511-A, 39-A MRSA §328-D

Legislative Document
No. 1123
S.P. 457
In Senate, March 9, 2023
An Act to Create a Presumption That a Cardiovascular Injury or 
Disease or Pulmonary Disease Suffered by Certain Law 
Enforcement Officers Is in the Course of Employment
Reference to the Committee on Labor and Housing suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator LAWRENCE of York.
Cosponsored by Representative MEYER of Eliot and
Senator: HARRINGTON of York, Representatives: MALON of Biddeford, MASTRACCIO of 
Sanford.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  5 MRSA §18511-A is enacted to read:
§18511-A.  Presumption of disability for active law enforcement officers
1.  Active member of law enforcement agency.  For purposes of this section, a person 
is considered to be an active member of a law enforcement agency, as defined in section 
4651, if the person is vested by law with the power to make arrests for crimes or serve 
criminal process, whether that power extends to all crimes or is limited to specific crimes 
and if the person holds a current and valid certificate issued by the Board of Trustees of the 
Maine Criminal Justice Academy pursuant to Title 25, section 2803-A.
2.  Presumption. It is presumed that a member incurred a disability in the line of duty 
that occurred while in actual performance of duty at some definite time and place and that 
was not caused by the willful negligence of the member if:
A.  The disability is the result of a cardiovascular injury that occurred, or a 
cardiovascular or pulmonary disease that developed, within 6 months of having 
participated in law enforcement activities or in a training or drill that involved law 
enforcement activities; and
B.  The member was an active member of a law enforcement agency, as defined in 
section 4651, for at least 2 years before the injury or the onset of the disease described 
in paragraph A.
3.  Rebuttal.  This presumption is subject to rebuttal in accordance with the Maine 
Rules of Evidence, Rule 301.  
Sec. 2.  39-A MRSA §328-D is enacted to read:
§328-D.  Cardiovascular injury or disease and pulmonary disease suffered by a law 
enforcement officer or resulting in a law enforcement officer's death
Cardiovascular injury or disease and pulmonary disease suffered by a law enforcement 
officer or resulting in a law enforcement officer's death are governed by this section.
1.  Law enforcement officer defined.  For the purposes of this section, "law 
enforcement officer" means an active member of a law enforcement agency, as defined in 
Title 5, section 4651, if the person is vested by law with the power to make arrests for 
crimes or serve criminal process, whether that power extends to all crimes or is limited to 
specific crimes and if the person holds a current and valid certificate issued by the Board 
of Trustees of the Maine Criminal Justice Academy pursuant to Title 25, section 2803-A.  
2.  Presumption.  There is a rebuttable presumption that a law enforcement officer 
received the injury or contracted the disease arising out of and in the course of employment, 
that sufficient notice of the injury or disease has been given and that the injury or disease 
was not occasioned by the willful intention of the law enforcement officer to cause self-
injury or injury to another if the law enforcement officer has been an active member of a 
law enforcement agency, as defined in Title 5, section 4651, for at least 2 years prior to a 
cardiovascular injury or the onset of a cardiovascular disease or pulmonary disease and if:  
A.  The disease has developed or the injury has occurred within 6 months of having 
participated in law enforcement activities or in a training or drill that involved law 
enforcement activities; or
B.  The law enforcement officer had developed the disease or had suffered the injury 
that resulted in death within 6 months of having participated in law enforcement 
activities or in a training or drill that involved law enforcement activities.
SUMMARY
This bill establishes a rebuttable presumption:
1. Of disability under the Maine Public Employees Retirement System for a law 
enforcement officer who suffers a disability as a result of a cardiovascular injury or a 
cardiovascular or pulmonary disease; and 
2. That a law enforcement officer's cardiovascular injury or disease or pulmonary 
disease arose out of and in the course of employment under the Maine Workers' 
Compensation Act of 1992.