An Act Regarding Impairment of Health of a Correctional Employee Caused by Infectious Disease

Sec. 1. 5 MRSA §17935  is enacted to read:

§ 17935.  Presumption that injury received in line of duty

Notwithstanding any other provision of law, a condition of impairment of health caused by an infectious disease resulting in total or partial disability or death of an employee of a correctional facility must, if that employee successfully passed a physical examination on entry into employment with the correctional facility or subsequently successfully passed a physical examination that failed to reveal any evidence of the condition, be presumed to have been received in the line of duty, unless the contrary is shown by competent evidence.

Sec. 2. 5 MRSA §18535  is enacted to read:

§ 18535.  Presumption that injury received in line of duty

Notwithstanding any other provision of law, a condition of impairment of health caused by an infectious disease resulting in total or partial disability or death of an employee of a correctional facility must, if that employee successfully passed a physical examination on entry into employment with the correctional facility or subsequently successfully passed a physical examination that failed to reveal any evidence of the condition, be presumed to have been received in the line of duty, unless the contrary is shown by competent evidence.

summary

This bill provides that, with respect to disability retirement benefits under the Maine Public Employees Retirement System, a condition of impairment of health caused by an infectious disease resulting in total or partial disability or death of an employee of a correctional facility must, if that employee successfully passed a physical examination on entry into employment with the correctional facility or subsequently successfully passed a physical examination that failed to reveal any evidence of the condition, be presumed to have been received in the line of duty, unless the contrary is shown by competent evidence.