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. 1. the individual has heart disease, hypertension, or lung disease;
  2. 2. the heart disease, hypertension, or lung disease results in partial or total disability or death; and
  3. 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.

(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. 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. 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. 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. 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.