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129th MAINE LEGISLATURE |
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LD 298 |
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LR 761(01) |
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An Act To
Establish a Conditional Presumption of Compensability for Corrections
Employees in Cases of Impairment from Hypertension or Heart Disease |
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Preliminary
Fiscal Impact Statement for Original Bill |
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Sponsor: Rep. Handy of Lewiston |
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Committee: Labor and Housing |
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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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Shifting the
burden of proof that a county corrections employee contracted heart disease
or hypertension as a result of employment as a corrections employee from the
claimant to the employer and/or the employer's insurer may increase the
number of cases counties must defend, require a more rigorus and costly
defense in some cases and result in more cases being resolved adversely
against the counties. |
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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Adding a
presumption that heart disease or hypertension suffered by a corrections
employee employed by the State was caused in the course of that employment
will result in additional costs to the State as a direct reimbursement
employer and to 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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