CSHB 38(L&C): "An Act relating to the payment of workers' compensation benefits in the case of permanent partial impairment; relating to the payment of workers' compensation death benefits payable to a child of an employee where there is no surviving spouse; relating to the payment of workers' compensation death benefits for an employee without a surviving spouse or child; relating to notice of workers' compensation death benefits; and providing for an effective date."
00 CS FOR HOUSE BILL NO. 38(L&C) 01 "An Act relating to the payment of workers' compensation benefits in the case of 02 permanent partial impairment; relating to the payment of workers' compensation death 03 benefits payable to a child of an employee where there is no surviving spouse; relating to 04 the payment of workers' compensation death benefits for an employee without a 05 surviving spouse or child; relating to notice of workers' compensation death benefits; 06 and providing for an effective date." 07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 08 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 09 to read: 10 SHORT TITLE. This Act may be known as the Abigail Caudle Act. 11 * Sec. 2. AS 23.30.190(a) is amended to read: 12 (a) In case of impairment partial in character but permanent in quality, and not 13 resulting in permanent total disability, the compensation is $255,506 [$177,000]
01 multiplied by the employee's percentage of permanent impairment of the whole 02 person. The percentage of permanent impairment of the whole person is the 03 percentage of impairment to the particular body part, system, or function converted to 04 the percentage of impairment to the whole person as provided under (b) of this section. 05 The compensation is payable in a single lump sum, except as otherwise provided in 06 AS 23.30.041, but the compensation may not be discounted for any present value 07 considerations. 08 * Sec. 3. AS 23.30 is amended by adding a new section to read: 09 Sec. 23.30.212. Notice of death benefits. (a) If an injury causes death, on a 10 form prescribed by the director, the employer shall notify the personal representative 11 of the employee's estate of the compensation for death available under AS 23.30.215, 12 the statute of limitations for obtaining workers' compensation benefits, and where to 13 obtain a list of legal counsel and grief counselors who may be able to assist. 14 (b) If the identity of the personal representative of the employee's estate is not 15 known by the employer, the employer shall notify one of the following: 16 (1) the employee's surviving spouse; 17 (2) the employee's mother or father; 18 (3) the employee's dependent; 19 (4) the employee's next of kin; or 20 (5) anyone otherwise entitled to recover death benefits under 21 AS 23.30.215. 22 (c) In this section, "personal representative" has the meaning given in 23 AS 13.06.050. 24 * Sec. 4. AS 23.30.215(a) is amended to read: 25 (a) If the injury causes death, the compensation is known as a death benefit 26 and is payable in the following amounts to or for the benefit of the following persons: 27 (1) reasonable and necessary funeral expenses not exceeding $10,000; 28 (2) if there is a widow or widower or a child or children of the 29 deceased, the following percentages of the spendable weekly wages of the deceased: 30 (A) 80 percent for the widow or widower with no children; 31 (B) 50 percent for the widow or widower with one child and 40
01 percent for the child; 02 (C) 30 percent for the widow or widower with two or more 03 children and 70 percent divided equally among the children; 04 (D) 100 percent for an only child when there is no widow or 05 widower; 06 (E) 100 percent, divided equally, if there are two or more 07 children and no widow or widower; 08 (3) if the widow or widower remarries, the widow or widower is 09 entitled to be paid in one sum an amount equal to the compensation to which the 10 widow or widower would otherwise be entitled in the two years commencing on the 11 date of remarriage as full and final settlement of all sums due the widow or widower; 12 (4) if there is no widow or widower or child or children, then for the 13 support of father, mother, grandchildren, brothers, and sisters, if dependent on 14 [UPON] the deceased at the time of injury, 42 percent of the spendable weekly wage 15 of the deceased to those [SUCH] beneficiaries, share and share alike, not to exceed 16 $100,000 [$20,000] in the aggregate; 17 (5) $5,000 to a surviving widow or widower, or equally divided among 18 surviving children of the deceased if there is no widow or widower; and 19 (6) if there is no widow or widower or child or children, and the 20 father, mother, grandchildren, brothers, and sisters were not dependent on the 21 deceased at the time of injury, then $70,000 is payable in a lump sum to the estate 22 of the decedent. 23 * Sec. 5. AS 23.30.215 is amended by adding new subsections to read: 24 (j) The director shall annually increase the amount payable under (a)(6) of this 25 section by a percentage equal to the percentage increase in the Consumer Price Index 26 for urban wage earners and clerical workers for Anchorage, Alaska, during the 27 previous calendar year, as determined by the United States Department of Labor, 28 Bureau of Labor Statistics. 29 (k) The death benefit payable to a person who is a child under (a)(2)(D) or (E) 30 of this section shall terminate five years after the person is no longer considered a 31 child under AS 23.30.395(8).