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Ch. 350
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Martin O'Malley, Governor
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fighting instructor, volunteer rescue squad member, or volunteer advanced life
support unit member who is a covered employee under § 9-234 of this title is
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 firefighter, 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 firefighter, 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 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) 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:
(1) is suffering from Lyme disease; and
(2) was not suffering from Lyme disease before assignment to a
position that regularly places the employee in an outdoor wooded environment.
(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 OR THE DEPENDENTS OF THOSE
INDIVIDUALS shall receive the benefits in addition to any benefits that the individual
OR THE DEPENDENTS OF THE INDIVIDUAL is entitled to receive under the
retirement system in which the individual was a participant at the time of the claim.
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- 2203 -
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