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Session Laws, 1999
Volume 796, Page 1766   View pdf image
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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) has leukemia or pancreatic, prostate, rectal, or throat cancer that is
caused by contact with a toxic substance that the individual has encountered in the
line of duty;

(2) has completed at least 5 years of service as a fire fighter, 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) is unable to perform the normal duties of a fire fighter, 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) in the case of a volunteer fire fighter, 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 fire
fighter, fire fighting instructor, rescue squad member, or advanced life support unit
member.

(D) (1) A PAID LAW ENFORCEMENT A PAID LAW ENFORCEMENT AN
EMPLOYEE OF THE DEPARTMENT OF NATURAL RESOURCES WHO IS A COVERED
EMPLOYEE UNDER § 9-207(C) 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:

(1) (I) IS SUFFERING FROM LYME DISEASE; AND

(2) (II) WAS NOT SUFFERING FROM LYME DISEASE BEFORE
ASSIGNMENT TO A POSITION THAT REGULARLY PLACES THE EMPLOYEE IN AN
OUTDOOR WOODED ENVIRONMENT WOODS, FIELDS, OR GRASSY OUTDOORS AN
OUTDOOR WOODED ENVIRONMENT;
AND

(3) (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.

[(d)] (E) (1) Except as provided in paragraph (2) of this subsection, any paid
fire fighter, paid fire fighting instructor, sworn member of the Office of the State Fire
Marshal, paid police officer, PAID LAW ENFORCEMENT PAID LAW ENFORCEMENT
EMPLOYEE OF THE DEPARTMENT OF NATURAL RESOURCES, or [any] deputy sheriff
of Montgomery County or Prince George's County who is eligible for benefits under
subsection (a), (b), [or] (c), OR (D) of this section shall receive the benefits in addition

 

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Session Laws, 1999
Volume 796, Page 1766   View pdf image
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