§ 39-A §328-A — Communicable disease contracted by emergency rescue or public safety worker

Maine § 39-A §328-A

• Jurisdiction: Maine
• Title 39-A: WORKERS' COMPENSATION
• Part 1: MAINE WORKERS' COMPENSATION ACT OF 1992
• Ch. 7: PROCEDURES

Text

1.
Definitions.
As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
2.
Presumption.
There is a rebuttable presumption that an emergency rescue or public safety worker who contracts hepatitis, meningococcal meningitis or tuberculosis has a disease arising out of and in the course of employment, that sufficient notice of the disease has been given and that the disease was not occasioned by the willful intention of the emergency rescue or public safety worker to cause self-injury or injury to another if the emergency rescue or public safety worker complies with the requirements of subsections 3 to 5.
3.
Written verification.
In order to qualify for the presumption set forth in subsection 2, an emergency rescue or public safety worker must sign a written affidavit declaring that, to the best of the person's knowledge and belief:
4.
Required medical tests; preemployment physical.
In order to be entitled to the presumption set forth in subsection 2:
5.
Immunization.
Whenever any standard, medically recognized vaccine or other form of immunization or other prophylaxis exists for the prevention of a communicable disease for which a presumption is granted under this section, if medically indicated in the given circumstances pursuant to immunization policies established by the Advisory Committee on Immunization Practices for the Centers for Disease Control and Prevention, an emergency rescue or public safety worker may be required by the worker's employer to undergo the immunization or other prophylaxis unless the worker's physician determines in writing that the immunization or other prophylaxis would pose a significant risk to the worker's health. Absent such written declaration, failure or refusal by an emergency rescue or public safety worker to undergo such immunization or other prophylaxis disqualifies the worker from the benefits of the presumption.
6.
Record of exposures.
To the extent required by any state or federal law or regulation:
7.
Liability if services performed for more than one employer.
If an emergency rescue or public safety worker was employed by more than one employer, the employer in whose employ the person was last injuriously exposed to the risk of the disease contracted and the insurer on the risk at the time of that last exposure, if any, are the only entities liable for the disease.
8.
Effect of presumption on life and disability insurance coverage.
The presumption set forth in subsection 2 does not apply in determining eligibility for life or disability benefits unless otherwise provided in the insurance contract.
9.
Effect of presumption on disability retirement.
The presumption set forth in subsection 2 is effective for purposes of determining whether a disability is work-related for purposes of determining eligibility for disability retirement in the Maine Public Employees Retirement System. This presumption does not affect any eligibility requirement other than the requirement that the disability be work-related.

Legislative History

PL 2001, c. 663, §1 (NEW). PL 2007, c. 58, §3 (REV).