CSSB 117(L&C): "An Act relating to the presumption of coverage for a workers' compensation claim for disability as a result of certain diseases for certain occupations."
00 CS FOR SENATE BILL NO. 117(L&C) 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 is 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; 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 at least seven years 21 and who 22 (A) was given a qualifying medical examination upon 23 becoming a fire fighter or during employment as a fire fighter that did not 24 show evidence of the disease; and 25 (B) with regard to diseases described in (1)(C) of this 26 subsection, demonstrates that, while in the course of employment as a fire 27 fighter, the fire fighter was exposed to a known carcinogen, as defined by the 28 International Agency for Research on Cancer or the National Toxicology 29 Program, and the carcinogen is associated with a disabling cancer. 30 (c) The presumption in this subsection applies to fire fighters covered under 31 AS 23.30.243, peace officers, and emergency medical and rescue personnel. In this
01 subsection, "emergency medical and rescue personnel" means a trauma technician, 02 emergency medical technician, rescuer, or mobile intensive care paramedic who is a 03 paid employee of a first responder service, a rescue service, an ambulance service, or a 04 fire department that provides emergency medical or rescue services as part of its 05 duties; under this subsection, 06 (1) there is a presumption that a claim for compensation for disability 07 as a result of the following contagious diseases is within the provisions of this chapter: 08 (A) human immunodeficiency virus; 09 (B) acquired immunodeficiency syndrome; 10 (C) all strains of hepatitis; 11 (D) meningococcal meningitis; 12 (E) mycobacterium tuberculosis; and 13 (F) any uncommon infectious disease the contraction of which 14 the United States Secretary of Labor determines to be related to the hazards to 15 which an employee in fire protection activities may be subject; 16 (2) the presumption established in (1) of this subsection applies only to 17 fire fighters covered under AS 23.30.243, peace officers, and emergency medical and 18 rescue personnel who were given a qualifying medical examination upon becoming or 19 during service as a fire fighter, peace officer, or provider of emergency medical or 20 rescue services who did not show evidence of the disease. 21 (d) The provisions of (b)(1)(A) and (B) of this section do not apply to a fire 22 fighter who develops a cardiovascular or lung condition and who has a history of 23 tobacco product use as established under (f)(2) of this section. 24 (e) The provisions of (c)(2) of this section may not be interpreted to require a 25 municipality or other employer of fire fighters covered under AS 23.30.243, peace 26 officers, or emergency medical and rescue personnel, including a municipality or other 27 organization that uses volunteers, to provide a qualifying medical examination. If an 28 employer or volunteer organization does not provide a qualifying medical 29 examination, an employee may independently obtain a qualifying medical 30 examination at the employee's expense. 31 (f) The department shall, by regulation, define
01 (1) for purposes of (b)(1) - (3) and (c)(1) - (2) of this section, the type 02 and extent of the medical examination that is needed to eliminate evidence of the 03 disease in an active or former fire fighter; and 04 (2) for purposes of (d) of this section, the nature and quantity of a 05 person's tobacco product use; the standards adopted under this paragraph shall use or 06 be based on existing medical research. 07 (g) In this section, "fire fighter" has the meaning given in AS 09.65.295. 08 * Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section to 09 read: 10 APPLICABILITY. The presumption of coverage established by this Act applies to 11 claims made on or after the effective date of this Act, even if the exposure leading to the 12 occupational disease occurred before the effective date of this Act.