By Matthew Bieniek
Cumberland Times News
CUMBERLAND — A bill that would have made it easier for state correctional officers to make workers’ compensation claims for hypertension and heart disease has died in the Maryland General Assembly.
The House Economic Matters Committee gave the bill an unfavorable report by a 15-5 vote March 21 with three members excused from the vote. A companion Senate bill stalled in committee before the final date to move legislation from one house of the legislature to the other.
The compensation bill’s provisions were simple, according to a fiscal and policy note prepared by the Department of Legislative Services.
“This bill extends to all state correctional officers an occupational disease presumption for heart disease or hypertension that is more severe than the individual’s prior condition and that results in partial or total disability or death. The bill also alters the definition of ‘public safety employee’ to include state correctional officers, making these officers eligible for enhanced workers’ compensation benefits,” according to the fiscal and policy note.
Most police and firefighters in the state are already able to take advantage of the presumption in workers’ compensation hearings. The presumption can be rebutted by employers if a hearing examiner decides they have provided sufficient evidence to rebut the claim for disability based on employment.
There are about 6,800 correctional officers working in state facilities, according to the fiscal and policy note. A separate bill that would have extended the same protection to Allegany County Detention Center officers stalled in committee.
Another bill, which would have allowed the death penalty to be imposed for killing a law enforcement officer or correctional officer, also failed. Maryland does not currently have a death penalty; it was repealed last year.
The death penalty bill was defeated in the House Judiciary Committee by a 13-8 vote.
The state Office of the Public Defender believes the costs of fighting death penalty cases would have had a significant financial impact on their offices. However, the Department of Legislative Services, in its fiscal and policy analysis, opined that the small number of cases involved would not have a significant effect on either state’s attorneys or public defenders.
Del. Kevin Kelly was the lead sponsor of the state correctional officers compensation bill and the death penalty bill. The compensation bill would have been important for correctional officers because of the inherent danger and stress for those who work in corrections, Kelly said. “Correctional officers have perhaps the most dangerous job in state government,” Kelly said. The companion Senate bill on compensation was co-sponsored by Sen. George Edwards. Dels. Wendell Beitzel and LeRoy Myers Jr. had signed on to Kelly’s House bill as co-sponsors.