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131st MAINE LEGISLATURE |
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LD 1123 |
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LR 1076(03) |
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An Act to Create
a Presumption Under the Maine Workers' Compensation Act of 1992 That a
Cardiovascular Injury or Disease or Pulmonary Disease Suffered by Certain Law
Enforcement Officers Is in the Course of Employment |
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Fiscal Note for
Bill as Engrossed with:
C "A" (S-205) |
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Committee: Labor and Housing |
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Fiscal Note |
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Potential State Mandate - Unfunded
Potential current biennium cost increase - Worker's Compensation Management
Fund
Potential future biennium cost increase - All Funds |
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State Mandates |
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Required Activity |
Unit Affected |
Local Cost |
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Shifting the
burden of proof that a cardiovascular injury or disease and pulmonary disease
suffered by certain law enforcement officers employed in a sheriff's
department or a municipal police department that resulted in the officer's
death arose out of and in the course of that employment from the claimant to
the employer and/or the employer's insurer may necessitate a more vigorous
and costly legal defense by counties and municipalities and increase the
number of cases lost. |
County
Municipality |
Significant statewide |
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The required
local activities in this bill may represent a state mandate pursuant to the
Constitution of Maine. If the bill does require a local unit of government to
expand or modify its activities so as to necessitate additional expenditures
from local revenue, the state mandate provisions of the Constitution of Maine
require either: (1) General Fund appropriations be provided to fund at least
90% of any additional necessitated local costs of the mandate; or (2) a
Mandate Preamble be added to the bill and two-thirds of the members of each
House vote to exempt the mandate from the funding requirement. If the bill
does represent a state mandate and neither one of these actions occurs, the
local units of government will not be required to implement the mandated
activities. |
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Fiscal Detail
and Notes |
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Shifting the
burden of proof to the State for officers employed by the State may increase
costs to the Workers' Compensation Management Fund (fund) within the
Department of Administrative and Financial Services beginning in fiscal year
2023-24. Higher or more frequent
settlements in such cases may eventually require higher premium rates charged
to state agencies by the fund, increasing costs to all funds. |
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