Workers' Compensation Presumptions

Scott Scherr • December 6, 2022

There are presumptions for public safety employees in Workers' Compensation cases

Many people do not know that there are presumptions that apply to police officers, firefighters, and other people employed in areas of public safety that make it easier for them to receive workers' compensation benefits. Section 9-503 provides a presumption that certain occupational diseases are work related for these employees.


The law provides that a firefighter, fire fighting instructor, rescue squad member, advanced life support unit member, or sworn member of the a Fire Marshal's office is presumed to have an occupational disease that was suffered in the line of duty and is compensable if the individual has certain health issues. These include heart disease, hypertension, or lung disease. The heart disease, hypertension, or lung disease must result in partial or total disability or death. In the case of a volunteer, the individual must have met a suitable standard of physical examination.


A firefighter, fire fighting instructor, rescue squad member, advanced life support unit member, or a sworn member of a Fire Marshal's office is also presumed to be suffering from an occupational disease that was suffered in the line of duty and is compensable if the individual has leukemia or prostate, rectal, throat, multiple myeloma, non–Hodgkin’s lymphoma, brain, testicular, bladder, kidney or renal cell, or breast cancer that is caused by contact with a toxic substance that the individual has encountered in the line of duty. The individual must have completed at least 10 years of cumulative service within the State as a firefighter, a fire fighting instructor, a rescue squad member, or an advanced life support unit member or in a combination of those jobs,  the cancer or leukemia must result in partial or total disability or death, and in the case of a volunteer, the individual has met a suitable standard of physical examination.


Similar laws benefit police officers. A paid police officer is presumed to be suffering from an occupational disease that was suffered in the line of duty and is compensable if the police officer, deputy sheriff, or correctional officer is suffering from heart disease or hypertension and the heart disease or hypertension results in partial or total disability or death.


A paid law enforcement employee of the Department of Natural Resources who is a covered employee and a park police officer of the Maryland–National Capital Park and Planning Commission is presumed to have an occupational disease that was suffered in the line of duty and is compensable under this title if the employee  is suffering from Lyme disease and was not suffering from Lyme disease before assignment to a position that regularly places the employee in an outdoor wooded environment. The presumption for a park police officer of the Maryland–National Capital Park and Planning Commission shall only apply   during the time that the park police officer is assigned to a position that regularly places the park police officer in an outdoor wooded environment and for 3 years after the last date that the park police officer was assigned by the Maryland–National Capital Park and Planning Commission to a position that regularly placed the officer in an outdoor wooded environment.


These presumptions were enacted in recognition of the dangerous occupational exposures by public safety employees every day. Firefighters are exposed to dangerous chemicals and pollutants. Police officers are under extremely stressful situations. The law eases the burden of proving causal connection for these public safety employees.


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