AFSCME's Heart Bill Would Provide Maine Corrections Officers with Income Security 03/24/2017

Council 93 is pushing for passage of new legislation in Maine that would provide state and county corrections officers with well-deserved worker compensation benefits in the event that the stress of their dangerous jobs results in heart disease or hypertension.

The bill (LD777) was filed at the request of AFSCME by State Representative Ralph Tucker (D-Brunswick). The proposed law would create what is known as a "rebuttable presumption" that any heart disease or hypertension suffered by a corrections officer was caused by the difficult work they do. In other words, the burden would be on the state to prove the illness was caused by other factors. If the state is unable to do so, the officer would be entitled to worker's compensation. In the event an officer dies from the illness, his or her family would also be entitled to a death benefit.

A public hearing on the bill was held March 23, by the legislature's Joint Committee on Labor, Commerce, Research and Economic Development. In testimony submitted in person and in writing to the committee, Council 93 highlighted the experience of Local 2968 member Phil Newth, a 20-year veteran officer at Maine State Prison in Warren. The 45-year-old Newth suffered his first heart attack at age 32. A second heart attack followed in 2015 requiring Newth to undergo open-heart surgery at Massachusetts General Hospital in Boston.

Because he did not qualify for worker's compensation, Newth exhausted all accumulated sick and vacation time, including 81 additional hours donated by his fellow officers. The ordeal pushed Newth and his family to the brink of financial disaster. While recovering from his 2015 heart surgery, he was forced to go to court in an attempt to stop foreclosure proceedings on his home. At the time, Council 93 was in the process of working with the legislature to successfully override Governor Paul LePage's veto of AFSCME legislation that provided all corrections officers with a $2.00 per hour wage increase. While Newth did not have the additional money in his paycheck at the time of the court hearing, the promise of it coming was enough to convince the judge to give him more time to save his home. Fortunately, Newth was able to keep his home and continue on the road to recovery. He is now back to work and will be working with the Council to gain support for the new legislation in the coming months.

This isn't the first time Newth has worked with Council 93 on legislative issues. In 2012, during the first attacks on unions by Governor LePage, he agreed to be interviewed for a series of radio commercials sponsored by the Council, which helped stop attacks on pensions and other benefits. Although they aired several years ago, the message is still relevant today. Audio files of the commercials are below.

Radio Commercial 1

Radio Commercial 2