Workers’ Compensation Presumptions:

As previously reported — CCM staff had been in negotiations with public safety union officials regarding HB 5629, the "Mega-Mandate". A compromise has been reached. As a result, the bill passed the House yesterday and is awaiting approval by the Senate.

HB 5629, as amended and passed by the House, provides a narrow, rebuttable presumption for those paid police officers and paid firefighters hired after July 1, 1996, and who suffer a heart attack while on duty.

The bill no longer mandates costly special benefits for (1) broad types of heart diseases, (2) infectious & contagious diseases, or (3) certain cancers.

The compromise bill provides a benefit presumption only for heart attacks that occur "in training" or "engaged in fire duty at the site of an accident or fire, or other public safety operation" and "within the scope of such member's employment." The compromise bill also enables towns and cities to rebut this narrow benefit via a preponderance-of-the-evidence test.

As is customary under these circumstances, but not agreed to by the unions, CCM expects that such unresolved issues as proposed special cancer and infectious and contagious disease benefits, to be off the legislative table for the next two years as legislators want a break from this contentious issue.

Municipal Access to the State Employee Health Plan:

After weeks of negotiations organized by House Majority Leader Chris Donovan, CCM has reached agreement on a proposal that would allow municipalities to participate in the State Employee Health Plan. Initial participation by municipalities will be strictly voluntary...under the agreement such participation will not be subject to negotiation or binding arbitration unless the municipality and unions agree to do so, in writing.

If you have any questions regarding this bulletin, please contact Jim Finley, Gian-Carl Casa, Ron Thomas, or Bob Labanara of CCM at (203) 498-3000.