City of Frederick v. Shankle

SALMON, Judge.

Under Maryland Workers Compensation law, state and municipal police officers (and others) who have heart disease that results in partial or total disability are entitled to a presumption that they have a compensable occupational disease that was suffered in the line of duty. See Md.Code Ann., Lab. & Empl. (“LE”) § 9-503 (1999 Repl.Vol. & Supp.2000).1 *344The presumption is rebuttable, but neither the statute nor Maryland precedent spells out what type of testimony can be presented by the employer to rebut the presumption. More specifically, Maryland case law leaves it unclear…