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Presumptive Disability Law in Maryland

Presumptive Health Initiative

CODE PART:
Maryland Code
LABOR AND EMPLOYMENT
TITLE 9. WORKERS’ COMPENSATION
Subtitle 5. Entitlement to and Liability for Compensation.

Maryland Legislative Website

DESCRIPTION:
§ 9-503.
Occupational disease — Presumption — Firefighters, fire fighting instructors, rescue squad members, advanced life support unit members, and police officers (Abrogation of amendment effective September 30, 2015.)

(a) Heart disease, hypertension, and lung disease — Firefighters, fire fighting instructors, rescue squad members, and advanced life support unit members. — A paid firefighter, paid fire fighting instructor, or sworn member of the Office of the State Fire Marshal employed by an airport authority, a county, a fire control district, a municipality, or the State or a volunteer firefighter, volunteer fire fighting instructor, volunteer rescue squad member, or volunteer advanced life support unit member who is a covered employee under § 9-234 of this title is presumed to have an occupational disease that was suffered in the line of duty and is compensable under this title if:

  1. the individual has heart disease, hypertension, or lung disease;
  2. the heart disease, hypertension, or lung disease results in partial or total disability or death; and
  3. in the case of a volunteer firefighter, volunteer fire fighting instructor, volunteer rescue squad member, or volunteer advanced life support unit member, the individual has met a suitable standard of physical examination before becoming a firefighter, fire fighting instructor, rescue squad member, or advanced life support unit member.

(2.) (I) A paid firefighter, paid fire fighting instructor, paid rescue squad member, paid advance life support unit member or sworn member of the office of the state fire marshal employe by an airport authority, a county, a fire control district, a municipality or the state is presumed to have an occupational disease that was suffered in the line of duty and is compensable under this title and is presumed to be disabled under § 9–502 of this subtitle if the individual  

1. has been diagnosed with hypertension by an authorized provider as defined in regulations adopted by the commission. 

2. has been prescribed medication to treat hypertension for at least 90 consecutive days. 

3. has completed at least 2 years of cumulative service within the state as a paid firefighter, paid fire fighting instructor, paid rescue squad member, paid advanced life support unit member, or sworn member of the office of the state fire marshal employed by an airport authority, a county, a fire control district, a municipality, or the state and 

4. at the time of claim application is employed as a paid firefighter, paid fire fighting instructor, paid rescue squad member, paid advanced life support unit member, or sworn member of the office of the state fire marshal employed by an airport authority, a county, a fire control district, a municipality, or the state. 

(II) Except as otherwise provided for under a collective bargaining agreement, an individual who qualifies for compensation under this paragraph may not be eligible to receive disability retirement benefits on the basis of the same condition. 

(III) An individual who has heart disease or lung disease under paragraph (1) of this subsection must file a separate claim application for workers’ compensation. 

(IV) This paragraph does not prohibit an individual from filing a separate claim under paragraph (1) of this subsection. 

(V) An individual who files a claim under this paragraph and under paragraph (1) of this subsection may not receive duplicative benefits for the same condition. 

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect October 1, 2026. 

(c) Cancer. — A paid firefighter, paid fire fighting instructor, or a sworn member of the Office of the State Fire Marshal employed by an airport authority, a county, a fire control district, a municipality, or the State or a volunteer firefighter, volunteer fire fighting instructor, volunteer rescue squad member, or volunteer advanced life support unit member who is a covered employee under § 9-234 of this title is presumed to be suffering from an occupational disease that was suffered in the line of duty and is compensable under this title if the individual:

  1. has leukemia or prostate, rectal, throat, multiple myeloma, non-Hodgkin’s lymphoma, brain, testicular, bladder, kidney or renal cell, thyroid, colon, ovarian, or breast cancer that is caused by contact with a toxic substance that the individual has encountered in the line of duty;
  2. has completed at least 10 years of service as a firefighter, fire fighting instructor, rescue squad member, or advanced life support unit member or in a combination of those jobs in the department where the individual currently is employed or serves;
  3. is unable to perform the normal duties of a firefighter, fire fighting instructor, rescue squad member, or advanced life support unit member in the department where the individual currently is employed or serves because of the cancer or leukemia disability; and
  4. in the case of a volunteer firefighter, volunteer fire fighting instructor, volunteer rescue squad member, or volunteer advanced life support unit member, has met a suitable standard of physical examination before becoming a firefighter, fire fighting instructor, rescue squad member, or advanced life support unit member.