Enrolled HB 200: Relating to the presumption of coverage for a workers' compensation claim for disability as a result of certain diseases for certain fire fighters.
00Enrolled HB 200 01 Relating to the presumption of coverage for a workers' compensation claim for disability as a 02 result of certain diseases for certain fire fighters. 03 _______________ 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 fire fighters. (a) There is a presumption that a claim for compensation for 07 disability as a result of the diseases described in (b) of this section for the occupations 08 listed under (b) of this section is within the provisions of this chapter. This 09 presumption of coverage may be rebutted by a preponderance of the evidence. The 10 evidence may include the use of tobacco products, physical fitness and weight, 11 lifestyle, hereditary factors, and exposure from other employment or nonemployment 12 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; 12 (vii) kidney cancer; and 13 (viii) prostate cancer; 14 (2) notwithstanding AS 23.30.100(a), following termination of service, 15 the presumption established in (1) of this subsection extends to the fire fighter for a 16 period of three calendar months for each year of requisite service but may not extend 17 more than 60 calendar months following the last date of employment; 18 (3) the presumption established in (1) of this subsection applies only to 19 an active or former fire fighter who has a disease described in (1) of this subsection 20 that develops or manifests itself after the fire fighter has served in the state for at least 21 seven years and who 22 (A) was given a qualifying medical examination upon 23 becoming a fire fighter that did not show evidence of the disease; 24 (B) was given an annual medical exam during each of the first 25 seven years of employment that did not show evidence of the disease; and 26 (C) with regard to diseases described in (1)(C) of this 27 subsection, demonstrates that, while in the course of employment as a fire 28 fighter, the fire fighter was exposed to a known carcinogen, as defined by the 29 International Agency for Research on Cancer or the National Toxicology 30 Program, and the carcinogen is associated with a disabling cancer. 31 (c) The presumption set out in this section applies only to a fire fighter who, at
01 a minimum, holds a certificate as a Firefighter I by the Department of Public Safety 02 under fire fighter testing and certification standards established by the department 03 under authority of AS 18.70.350(1) or other applicable statutory authority. 04 (d) The provisions of (b)(1)(A) and (B) of this section do not apply to a fire 05 fighter who develops a cardiovascular or lung condition and who has a history of 06 tobacco product use as established under (e)(2) of this section. 07 (e) The department shall, by regulation, define 08 (1) for purposes of (b)(1) - (3) of this section, the type and extent of the 09 medical examination that is needed to eliminate evidence of the disease in an active or 10 former fire fighter; and 11 (2) for purposes of (d) of this section, the nature and quantity of a 12 person's tobacco product use; the standards adopted under this paragraph shall use or 13 be based on existing medical research. 14 (f) In this section, "fire fighter" has the meaning given in AS 09.65.295. 15 * Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section to 16 read: 17 APPLICABILITY. The presumption of coverage established by this Act applies to 18 claims made on or after the effective date of this Act, even if the exposure leading to the 19 occupational disease occurred before the effective date of this Act.