§ 9-503 (b) (2) is a presumption that certain workers for the government that have an occupational disease that was suffered in the line of duty. These certain workers are listed as, deputy sheriff of Anne Arundel County, deputy sheriff of Baltimore City, Montgomery County correctional officer, Prince George’s County deputy sheriff, or Prince George’s County correctional officer. This disease is compensable if the individual has a heart disease, or hypertension. Also if any one of those diseases result in partial or total disability or death. The above listed workers are only entitled to this presumption if the individual who suffers from heart disease or hypertension is more severe than the individual’s heart disease prior to the individual’s employment. To be available for compensation, the above listed worker’s must submit to a medical examination prior to their employment.
The main theme behind the section is that the pre-existing heart disease or hypertension is more severe than existed prior to the employment.
The most important related case is Prince George’s County, Maryland v. Maringo, 151 Md. App. 662, 828 A.2d 257 (2003). The Court’s main concern with the case was if someone should still submit a medical record even if they do not have an existing heart disease or hypertension. Id. at 671, 828 A.2d at 262. The Court stated that the statute merely requires that a medical report that states there is no detectable heart condition. Id at 675, 828 A.2d at 264. There does not have to be a pre-existing one. Id.
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