CSSB 103(L&C): "An Act amending the medical examination requirements for firefighters entitled to a presumption of compensability for a disability resulting from certain diseases."
00 CS FOR SENATE BILL NO. 103(L&C) 01 "An Act amending the medical examination requirements for firefighters entitled to a 02 presumption of compensability for a disability resulting from certain diseases." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 23.30.121(b) is amended to read: 05 (b) For a firefighter covered under AS 23.30.243, 06 (1) there is a presumption that a claim for compensation for disability 07 as a result of the following diseases is within the provisions of this chapter: 08 (A) respiratory disease; 09 (B) cardiovascular events that are experienced within 72 hours 10 after exposure to smoke, fumes, or toxic substances; and 11 (C) the following cancers: 12 (i) primary brain cancer; 13 (ii) malignant melanoma; 14 (iii) leukemia;
01 (iv) non-Hodgkin's lymphoma; 02 (v) bladder cancer; 03 (vi) ureter cancer; 04 (vii) kidney cancer; and 05 (viii) prostate cancer; 06 (2) notwithstanding AS 23.30.100(a), following termination of service, 07 the presumption established in (1) of this subsection extends to the firefighter for a 08 period of three calendar months for each year of requisite service but may not extend 09 more than 60 calendar months following the last date of employment; 10 (3) the presumption established in (1) of this subsection applies only to 11 an active or former firefighter who has a disease described in (1) of this subsection 12 that develops or manifests itself after the firefighter has served in the state for at least 13 seven years and who 14 (A) was given a qualifying medical examination upon 15 becoming a firefighter that did not show evidence of the disease; 16 (B) was given an annual medical exam during each of the first 17 seven years of employment that did not show evidence of the disease; and 18 (C) with regard to diseases described in (1)(C) of this 19 subsection, demonstrates that, while in the course of employment as a 20 firefighter, the firefighter was exposed to a known carcinogen, as defined by 21 the International Agency for Research on Cancer or the National Toxicology 22 Program, and the carcinogen is associated with a disabling cancer; 23 (4) notwithstanding (3)(A) and (B) of this subsection, a firefighter 24 who entered active service as a firefighter before August 19, 2008, is entitled to 25 the presumption set out in this section if, before August 19, 2008, the firefighter 26 received all medical examinations provided by the department employing the 27 firefighter and the examinations did not show evidence of the disease during the 28 first seven years of employment. 29 * Sec. 2. AS 23.30.121(f) is amended to read: 30 (f) In this section, "firefighter" means a person employed by a state or 31 municipal fire department or who is a member of a volunteer fire department
01 registered with the state fire marshal, or a person registered for purposes of 02 workers' compensation with the state fire marshal as a member of a volunteer 03 fire department [HAS THE MEANING GIVEN IN AS 09.65.295]. 04 * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to 05 read: 06 APPLICABILITY. The presumption of coverage established by this Act applies to 07 claims made on or after the effective date of this Act.