16-219 C.M.R. ch. 50, § 3 - LIMITATION ON BENEFIT

1. Notwithstanding a determination by the Fire Marshal that a firefighter died while in the line of duty, a benefit may not be paid:

A. If the death or the injury or illness that resulted in the death was caused by the intentional misconduct of the firefighter or by the firefighter's intention to bring about the death or the injury or illness that resulted in the death;

B. If the firefighter was voluntarily under the influence at the time of the death or the injury or illness that resulted in the death and being under the influence was a substantial contributing factor in the death or the injury or illness that resulted in the death;

C. If the firefighter was performing in a grossly negligent manner at the time of the death or the injury or illness that resulted in the death; or

D. To any person who would otherwise be entitled to a benefit pursuant to 25 M.R.S.A. c. 195-A and this chapter, if the person's actions were a substantial contributing factor to the death of the firefighter.

E. If the potentially eligible child, spouse or parent dies prior to actual receipt of this death benefit.

Notes

16-219 C.M.R. ch. 50, § 3