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132nd MAINE LEGISLATURE |
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LD 82 |
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LR 39(01) |
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An Act to Amend
the Workers' Compensation Laws by Extending Indefinitely the Presumption
Applying to Law Enforcement Officers, Corrections Officers, E-9-1-1
Dispatchers, Firefighters and Emergency Medical Services Persons Diagnosed
with Post-traumatic Stress Disorder |
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Preliminary
Fiscal Impact Statement for Original Bill |
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Sponsor: Rep. Mathieson of Kittery |
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Committee: Labor |
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Fiscal Note Required: Yes |
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Preliminary
Fiscal Impact Statement |
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Potential State Mandate - Unfunded
Potential current 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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Making permanent
the requirement that shifts the burden of proof that a law enforcement
officer, firefighter, emergency medical services worker, corrections officer
or E-9-1-1 dispatcher diagnosed as having post-traumatic stress disorder by a
psychiatrist or psychologist developed that condition as a result of work
stress from the claimant to the employer and/or the employer's insurer may
continue to necessitate a more vigorous and costly legal defense by
municipalities and counties and potentially increase the number of cases
lost. |
Municipality
County |
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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This legislation
may also result in additional costs to the State as a direct reimbursement
employer and to the Department of Public Safety and the Department of
Corrections associated with increased payments of workers' compensation
benefits and legal and administrative expenses. The impact will depend on actual
experience. |
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