94-411 C.M.R. ch. 804
Summary: This Chapter establishes the standards to be used in determining whether the death of a professional firefighter is job-related for the purpose of meeting the qualifying member definition under the accidental death benefit provision of Chapter 425.
All terms used in this Chapter, unless the context otherwise indicates, shall have the same definitions as in 5 M.R.S.A. §§ 17001 and 18601.
If a professional firefighter dies of cardiovascular injury or disease or pulmonary disease after 30 days but within 6 months of participating in firefighting or training or a drill that involves firefighting, there is a rebuttable presumption that the death is the result of an injury arising out of and the course of employment.
In order to qualify for the presumption set forth in Section 2, the following standards must be met:
1. At the time of or during the time of employment as a firefighter, the firefighter must have undergone a standard, medically acceptable test for evidence of the injury or disease for which the presumption is sought, which test failed to indicate the presence of the injury or disease.
2. The injury or disease must not have been substantially caused by any act or behavior of the firefighter outside the scope of his or her employment.
3. The family history of the firefighter must not have constituted a substantial contributing factor in the injury or disease.
4. Immediately prior to death, the firefighter must not have been engaged in activity that constituted a substantial contributing factor in the death of the firefighter.
A person seeking to establish the qualification of the deceased member to death benefits hereunder shall provide information to the System sufficient to support the determination.
The System will consult with the Medical Board prior to making the determination as to whether the death of the firefighter was job-related.
Decisions under this rule can be appealed under the provisions of 5 M.R.S.A. Section 17451.
STATUTORY AUTHORITY 5 M.R.S.A. §§ 17103(4), 17451 and 18601
EFFECTIVE DATE:
February 1, 2011– filing 2011-46