SP0071
LD 235
Session - 126th Maine Legislature
C "A", Filing Number S-76, Sponsored by
LR 15
Item 2
Bill Tracking, Additional Documents Chamber Status

Amend the bill by striking out the title and substituting the following:

‘An Act To Improve Insurance Coverage for First Responders’

Amend the bill in section 1 by striking out all of subsection 7 (page 1, lines 3 to 13 in L.D.) and inserting the following:

7 Injury to firefighter or emergency medical services person.   There is a rebuttable presumption that a personal injury to a paid or volunteer firefighter or a paid or volunteer emergency medical services person considered an employee within the meaning of this Act is considered to arise out of and in the course of employment and is compensable under this Act if the personal injury occurs at any time after the firefighter or emergency medical services person receives notice of a fire or emergency and is in the process of responding. An employer providing self-insurance or an insurer providing workers' compensation insurance may not seek to limit benefits under this Act to a firefighter or emergency medical services person to a personal injury that occurs only after the firefighter or emergency medical services person begins traveling on a public way.

SUMMARY

This amendment, which is the majority report of the Joint Standing Committee on Labor, Commerce, Research and Economic Development, creates a rebuttable presumption in place of the absolute right created by the bill and applies the rebuttable presumption to paid firefighters and emergency medical services persons as well as volunteers. The amendment also applies to both paid and volunteer firefighters and emergency medical services persons the bill's prohibition on an employer's or insurer's seeking to limit workers' compensation under the Maine Workers' Compensation Act of 1992 to only those injuries that occur after the firefighter or emergency medical services person begins traveling on a public way.

FISCAL NOTE REQUIRED
(See attached)


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