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LD 82

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

132nd Legislature (2025-2026) Introduced by Ryan Fecteau and 4 co-sponsors

Extends indefinitely the PTSD presumption for certain public safety workers, shifting initial workers’ comp burden to employers/insurers to rebut work-related PTSD.

Signed by Governor
0
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Bill Summary · LD 82

Summary — LD 82 (132nd Maine Legislature)

Title: 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

Status: Signed by Governor (July 1, 2025). Passed by a two‑thirds vote as an emergency measure.

Purpose

Make permanent (remove any sunset) the statutory workers’ compensation presumption that certain public safety and emergency response personnel diagnosed with post‑traumatic stress disorder (PTSD) developed that condition as a result of their work. The presumption shifts the initial burden of proof from the claimant to the employer and/or the employer’s insurer.

Key provisions

  • Extends indefinitely the existing PTSD presumption for:
    • Law enforcement officers
    • Corrections officers
    • E‑9‑1‑1 dispatchers
    • Firefighters
    • Emergency medical services (EMS) personnel
  • Requires that the PTSD diagnosis be made by a psychiatrist or psychologist for the presumption to apply.
  • Under the presumption, the claimant is presumed to have developed PTSD from job‑related stress; the employer/insurer must rebut that presumption.
  • Committee Amendment H‑134 was adopted during the legislative process (amendment text not provided in summary materials).

Who is affected

  • Primary: covered first responders listed above who seek workers’ compensation benefits for PTSD.
  • Employers and insurers: municipal and county governments, state agencies that are direct reimbursement employers (including Department of Public Safety and Department of Corrections) — responsible for defending claims and paying benefits.
  • Taxpayers: potential fiscal effects on local and state budgets through higher benefit payments and legal/administrative costs.

Fiscal and budgetary impact

  • Fiscal notes (preliminary and updated) indicate a potential increase in workers’ compensation costs — described as a "significant statewide" local cost and a potential current biennium cost increase to all funds.
  • The law may require more vigorous and costly legal defenses by municipalities and counties and could increase the number of cases won by claimants.
  • The actual fiscal impact is uncertain and will depend on claim experience.
  • The Legislature included a Mandate Preamble and obtained a two‑thirds vote, exempting the State from the constitutional requirement to fund 90% of any additional local mandate costs (i.e., local units bear the additional costs).

Legislative timeline / procedural notes

  • Introduced: January 6, 2025; referred to the Labor Committee.
  • Committee action: Voted OTP‑AM; Committee Amendment H‑134 adopted.
  • Passed both chambers with a two‑thirds emergency vote (House roll call 134–6 on May 20, 2025).
  • Placed on Special Appropriations Table then enacted; Governor signed on July 1, 2025.
  • Because it was enacted as an emergency measure (two‑thirds vote), it took effect upon the governor’s signature unless another effective date is specified in the final text.

Practical effect

Claimants in covered occupations diagnosed with PTSD by a psychiatrist or psychologist will have an easier path to workers’ compensation benefits because employers/insurers must rebut the presumption that the condition is work‑related. This likely increases benefit payments and legal/administrative expenses for public employers and insurers.

Compiled from official sources — confirm details with the bill’s official record.

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