HCS SB 131(L&C): "An Act relating to the presumption of compensability for a disability resulting from certain cancers in firefighters."
00 HOUSE CS FOR SENATE BILL NO. 131(L&C) 01 "An Act relating to the presumption of compensability for a disability resulting from 02 certain cancers in firefighters." 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) skin cancer [MALIGNANT MELANOMA]; 14 (iii) leukemia; 15 (iv) non-Hodgkin's lymphoma;
01 (v) bladder cancer; 02 (vi) ureter cancer; 03 (vii) kidney cancer; [AND] 04 (viii) prostate cancer; 05 (ix) breast cancer; 06 (x) cervical cancer; 07 (xi) testicular cancer; 08 (xii) mesothelioma; 09 (xiii) multiple myeloma; 10 (xiv) colon cancer; 11 (xv) thyroid cancer; and 12 (xvi) ovarian cancer; 13 (2) notwithstanding AS 23.30.100(a), following termination of service, 14 the presumption established in (1) of this subsection extends to the firefighter for a 15 period of three calendar months for each year of requisite service but may not extend 16 more than 60 calendar months following the last date of employment; 17 (3) the presumption established in (1) of this subsection applies only to 18 an active or former firefighter who has a disease described in (1) of this subsection 19 that develops or manifests itself after the firefighter has served in the state for at least 20 seven years and who 21 (A) was given a qualifying medical examination upon 22 becoming a firefighter that did not show evidence of the disease; 23 (B) was given an annual medical exam during each of the first 24 seven years of employment that did not show evidence of the disease; and 25 (C) with regard to diseases described in (1)(C) of this 26 subsection, demonstrates that, while in the course of employment as a 27 firefighter, the firefighter was exposed to a known carcinogen, as defined by 28 the International Agency for Research on Cancer or the National Toxicology 29 Program, and the carcinogen is associated with a disabling cancer. 30 * Sec. 2. AS 23.30.121(f) is amended to read: 31 (f) In this section, "firefighter" means
01 (A) a person employed by a state or municipal fire 02 department or who is a member of a volunteer fire department registered 03 with the state fire marshal; or 04 (B) a person registered for purposes of workers' 05 compensation with the state fire marshal as a member of a volunteer fire 06 department [HAS THE MEANING GIVEN IN AS 09.65.295]. 07 * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to 08 read: 09 APPLICABILITY. AS 23.30.121(b) and (f), as amended by this Act, apply to claims 10 made on or after the effective date of this Act.