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Ch. 553
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2005 LAWS OF MARYLAND
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(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.
(d) (1) A paid law enforcement employee of the Department of Natural
Resources who is a covered employee under § 9-207 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 the employee:
(i) is suffering from Lyme disease;
(ii) was not suffering from Lyme disease before assignment to a
position that regularly places the employee in an outdoor wooded environment; and
(iii) except as provided in paragraph (2) of this subsection,
demonstrates that the employee had any Lyme disease vaccination required or made
available to the employee by the Department of Natural Resources.
(2) The requirement imposed by paragraph (1)(iii) of this subsection does
not apply to an individual who objects to immunization because it conflicts with the
individual's bona fide religious beliefs and practices.
(e) (1) Except as provided in paragraph (2) of this subsection, any paid
firefighter, paid fire fighting instructor, sworn member of the Office of the State Fire
Marshal, paid police officer, paid law enforcement employee of the Department of
Natural Resources, deputy sheriff of Montgomery County, deputy sheriff of Baltimore
City, MONTGOMERY COUNTY CORRECTIONAL OFFICER, deputy sheriff of Prince
George's County, or Prince George's County correctional officer who is eligible for
benefits under subsection (a), (b), (c), or (d) of this section shall receive the benefits in
addition to any benefits that the individual is entitled to receive under the retirement
system in which the individual was a participant at the time of the claim.
(2) The benefits received under this title shall be adjusted so that the
weekly total of those benefits and retirement benefits does not exceed the weekly
salary that was paid to the paid law enforcement employee of the Department of
Natural Resources, firefighter, fire fighting instructor, sworn member of the Office of
the State Fire Marshal, police officer, deputy sheriff, or Prince George's County OR
MONTGOMERY COUNTY correctional officer.
SECTION 2. AND BE IT FURTHER ENACTED, That notwithstanding the
provisions of § 9-503(b)(2) of the Labor and Employment Article, a Montgomery
County correctional officer who is employed on or before September 30, 2005:
(1) As a condition of continued employment, shall provide to the Director of
the Montgomery County Department of Correction and Rehabilitation on or before
December 31, 2005, a copy of a medical report disclosing and describing any existing
heart disease or hypertension from which the correctional officer may be suffering;
and
(2) Is entitled to the presumption under § 9-503(b) of the Labor and
- 3196 -
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