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Martin O'Malley, Governor
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Ch. 351
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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 have an occupational disease that was suffered in the line of duty and is
compensable under this title if:
(1) the individual has heart disease, hypertension, or lung disease;
(2) the heart disease, hypertension, or lung disease results in partial
or total disability or death; and
(3) in the case of a volunteer firefighter, volunteer fire fighting
instructor, volunteer rescue squad member, or volunteer advanced life support unit
member, the individual has met a suitable standard of physical examination before
becoming a firefighter, fire fighting instructor, rescue squad member, or advanced life
support unit member.
(b) (1) A paid police officer employed by an airport authority, a county,
the Maryland-National Capital Park and Planning Commission, a municipality, or the
State, a deputy sheriff of Montgomery County, or, subject to paragraph (2) of this
subsection, a deputy sheriff of Baltimore City, Montgomery County correctional officer,
Prince George's County deputy sheriff, or Prince George's County correctional officer is
presumed to be suffering from an occupational disease that was suffered in the line of
duty and is compensable under this title if:
(i) the police officer, deputy sheriff, or correctional officer is
suffering from heart disease or hypertension; and
(ii) the heart disease or hypertension results in partial or total
disability or death.
(2) (i) A deputy sheriff of Baltimore City, Montgomery County
correctional officer, Prince George's County deputy sheriff, or Prince George's County
correctional officer is entitled to the presumption under this subsection only to the
extent that the individual suffers from heart disease or hypertension that is more
severe than the individual's heart disease or hypertension condition existing prior to
the individual's employment as a deputy sheriff of Baltimore City, Montgomery
County correctional officer, Prince George's County deputy sheriff, or Prince George's
County correctional officer.
(ii) To be eligible for the presumption under this subsection, a
deputy sheriff of Baltimore City, Montgomery County correctional officer, Prince
George's County deputy sheriff, or Prince George's County correctional officer, as a
condition of employment, shall submit to a medical examination to determine any
heart disease or hypertension condition existing prior to the individual's employment
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- 2205 -
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