HB 45: "An Act relating to presumption of compensability for workers' compensation claims related to contagious diseases; and providing for an effective date."
00 HOUSE BILL NO. 45 01 "An Act relating to presumption of compensability for workers' compensation claims 02 related to contagious diseases; and providing for an effective date." 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. 23.30.118. Presumption of compensability for a contagious disease. (a) 06 There is a presumption that an employee's claim for compensation as a result of a 07 contagious disease is within the provisions of this chapter if, during a condition of 08 disaster emergency declared by the governor under AS 26.23.020(c) due to an 09 outbreak of the contagious disease, the employee 10 (1) is employed in an occupation listed in (b)(2) of this section; 11 (2) receives a diagnosis by a physician of, or positive laboratory test 12 for, the contagious disease; and 13 (3) worked outside the employee's home in the occupation and had 14 work-related in-person contact with a member of the public within 14 days before the
01 employee receives a diagnosis or positive laboratory test. 02 (b) The presumption of compensability described in (a) of this section 03 (1) may be rebutted only by clear and convincing evidence that the 04 employee contracted the contagious disease through exposure to the disease that was 05 not work related; 06 (2) applies only to the following occupations: 07 (A) emergency medical technician; 08 (B) firefighter; 09 (C) health care provider; 10 (D) paramedic; 11 (E) peace officer; 12 (F) employee of a child care facility; 13 (G) employee of a grocery store; 14 (H) teacher; 15 (I) employee who performs services that the commissioner 16 determines place the employee at a similar risk of being exposed to or 17 contracting the contagious disease as the occupations listed in (A) - (H) of this 18 paragraph. 19 (c) In this section, 20 (1) "child care facility" has the meaning given in AS 47.25.095; 21 (2) "contagious disease" has the meaning given in AS 18.15.395; 22 (3) "emergency medical technician" has the meaning given in 23 AS 18.08.200; 24 (4) "firefighter" means 25 (A) a person employed by a state or municipal fire department 26 or who is a member of a volunteer fire department registered with the state fire 27 marshal; or 28 (B) a person registered for purposes of workers' compensation 29 with the state fire marshal as a member of a volunteer fire department; 30 (5) "grocery store" has the meaning given in AS 44.25.048; 31 (6) "health care provider" has the meaning given in AS 13.52.390;
01 (7) "paramedic" has the meaning given in AS 12.55.185; 02 (8) "peace officer" has the meaning given in AS 11.81.900; 03 (9) "teacher" means a member of the teaching, supervisory, or 04 administrative corps in the public schools of the state. 05 * Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section to 06 read: 07 RETROACTIVITY. AS 23.30.118, enacted by sec. 1 of this Act, is retroactive to 08 November 15, 2020, for the occupations listed in AS 23.30.118(b)(2)(A) - (E). 09 * Sec. 3. This Act takes effect immediately under AS 01.10.070(c).