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CSHB 30(L&C): "An Act relating to the payment of workers' compensation benefits in the case of permanent partial impairment; relating to notice of workers' compensation death benefits; relating to the payment of workers' compensation death benefits payable to a child of an employee when there is no surviving spouse; relating to the payment of workers' compensation death benefits for an employee without a surviving spouse or child; and providing for an effective date."

00                       CS FOR HOUSE BILL NO. 30(L&C)                                                                     
01 "An Act relating to the payment of workers' compensation benefits in the case of                                        
02 permanent partial impairment; relating to notice of workers' compensation death                                         
03 benefits; relating to the payment of workers' compensation death benefits payable to a                                  
04 child of an employee when there is no surviving spouse; relating to the payment of                                      
05 workers' compensation death benefits for an employee without a surviving spouse or                                      
06 child; 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, the                                          
10 employer shall, on a form prescribed by the director, 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 the following amounts are payable in a lump                                    
22       sum:                                                                                                          
23 (A)  $120,000 to the surviving parent, if there is only one                                                         
24            surviving parent;                                                                                        
25 (B)  $60,000 to each surviving parent, if there are two                                                             
26            surviving parents;                                                                                       
27 (C)  $120,000 divided equally among each surviving parent,                                                          
28            if there are more than two surviving parents; or                                                         
29 (D)  $120,000 to the estate of the decedent, if there are no                                                        
30            surviving parents.                                                                                       
31    * Sec. 5. AS 23.30.215 is amended by adding a new subsection to read:                                              
01            (j)  The death benefit payable to a person who is a child under (a)(2)(D) or (E)                             
02       of this section shall terminate five years after the person is no longer considered a                             
03       child under AS 23.30.395(8).                                                                                      
04    * Sec. 6. This Act takes effect January 1, 2020.