00           CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 31(FIN)                                                         
01 "An Act relating to the presumption of coverage for a workers' compensation claim for                                   
02 disability as a result of certain diseases for certain occupations."                                                    
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1.  AS 23.30 is amended by adding a new section to read:                                                 
05            Sec. 23.30.121.  Presumption of coverage for disability from diseases for                                  
06       certain occupations.  (a)  There is a presumption that a claim for compensation for                             
07       disability as a result of the diseases described in (b) and (c) of this section for the                           
08       occupations listed under (b) and (c) of this section are within the provisions of this                            
09       chapter. This presumption of coverage may be rebutted by a preponderance of the                                   
10       evidence.  The evidence may include the use of tobacco products, physical fitness and                             
11       weight, lifestyle, hereditary factors, and exposure from other employment or                                      
12       nonemployment activities.                                                                                         
13            (b)  For a fire fighter covered under AS 23.30.243,                                                          
14                 (1)  there is a presumption that a claim for compensation for disability                                

01       as a result of the following diseases is within the provisions of this chapter:                                   
02                      (A)  respiratory disease;                                                                          
03                      (B)  cardiovascular events that are experienced within 72 hours                                    
04            after exposure to smoke, fumes, or toxic substances; and                                                     
05                      (C)  the following cancers:                                                                        
06                           (i)  primary brain cancer;                                                                    
07                           (ii)  malignant melanoma;                                                                     
08                           (iii)  leukemia;                                                                              
09                           (iv)  non-Hodgkin's lymphoma;                                                                 
10                           (v)  bladder cancer;                                                                          
11                           (vi)  ureter cancer; and                                                                      
12                           (vii)  kidney cancer;                                                                         
13                 (2)  notwithstanding AS 23.30.100(a), following termination of service,                                 
14       the presumptions established in (1) of this subsection extend to the fire fighter for a                           
15       period of three calendar months for each year of requisite service but may not extend                             
16       more than 60 calendar months following the last date of employment;                                               
17                 (3)  the presumption established in (1)(C) of this subsection applies                                   
18       only to an active or former fire fighter who has cancer that develops or manifests itself                         
19       after the fire fighter has served at least 10 years and who                                                       
20                      (A)  was given a qualifying medical examination upon                                               
21            becoming a fire fighter or during employment as a fire fighter that did not                                  
22            show evidence of cancer; and                                                                                 
23                      (B)  demonstrates that the fire fighter was, while in the course                                   
24            of employment as a fire fighter, exposed to a known carcinogen, as defined by                                
25            the International Agency for Research on Cancer or the National Toxicology                                   
26            Program, and the carcinogen is associated with the disabling cancer.                                         
27            (c)  The presumption in this subsection applies to fire fighters covered under                               
28       AS 23.30.243, peace officers, and emergency medical and rescue personnel.  In this                                
29       subsection, "emergency medical and rescue personnel" means a trauma technician,                                   
30       emergency medical technician, rescuer, or mobile intensive care paramedic who is a                                
31       paid employee of a first responder service, a rescue service, an ambulance service, or a                          

01       fire department that provides emergency medical or rescue services as part of its                                 
02       duties.  There is a presumption that a claim for compensation for disability as a result                          
03       of the following contagious diseases is within the provisions of this chapter:                                    
04                 (1)  human immunodeficiency virus;                                                                      
05                 (2)  acquired immunodeficiency syndrome;                                                                
06                 (3)  all strains of hepatitis;                                                                          
07                 (4)  meningococcal meningitis; and                                                                      
08                 (5)  mycobacterium tuberculosis.                                                                        
09            (d)  The provisions of (b)(1)(A) and (B) of this section do not apply to a fire                              
10       fighter who develops a cardiovascular or lung condition and who has a history of                                  
11       tobacco product use as established under (e)(2) of this section.                                                  
12            (e)  The department shall, by regulation, define                                                             
13                 (1)  for purposes of (b)(3) of this section, the type and extent of the                                 
14       medical examination that is needed to eliminate evidence of cancer in an active or                                
15       former fire fighter; and                                                                                          
16                 (2)  for purposes of (d) of this section, the nature and quantity of a                                  
17       person's tobacco product use; the standards adopted under this paragraph shall use or                             
18       be based on existing medical research.                                                                            
19    * Sec. 2.  The uncodified law of the State of Alaska is amended by adding a new section to                         
20 read:                                                                                                                   
21       APPLICABILITY.  The presumption of coverage established by this Act applies to                                    
22 claims made on or after the effective date of this Act, even if the exposure leading to the                             
23 occupational disease occurred before the effective date of this Act.