By Matthew Bieniek
Cumberland Times News
CUMBERLAND — A bill which would aid correctional officers pursuing workers’ compensation claims for hypertension and heart disease has been introduced in the General Assembly. Del. Kevin Kelly is the lead sponsor of the bill in the House of Delegates.
The bill is important for correctional officers “because of the inherent dangerousness and stress for those who work in corrections,” Kelly said. “Correctional officers have perhaps the most dangerous job in state government,” Kelly said. Kelly said he wasn’t discounting the risks to police and firefighters, but did point out a key difference.
“Correctional officers are locked in eight hours a day with people who would like to do them very grave harm, if not kill them,” Kelly said. For those serving long sentences, in maximum security facilities like North Branch Correctional Institution, some prisoners may have little concern with punishment because of the long sentences and life sentences they face, Kelly said.
“It’s hard for them not to take that stress home and to their doctor’s offices, Kelly said.
The bill’s provisions are straightforward, 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 is being prepared that would extend the same protection to Allegany County Detention Center officers. The bill would require additional state expenditures by enhancing the workers’ compensation benefits to correctional officers.
A hearing on the House bill is set for Tuesday in the House Economic Matters committee. A hearing on the companion senate bill took place in the Finance Committee Feb. 11.
The companion Senate Bill is co-sponsored by Sen. George Edwards. Delegates Wendell Beitzel and LeRoy Myers Jr. have signed on to the Kelly’s House bill as co-sponsors.