04/08/2019 03:15 PM House LABOR & COMMERCE

        HB 30-WORKERS' COMP: DEATH; PERM PARTIAL IMPAIR                                                                     
                                                                                                                                
3:21:16 PM                                                                                                                    
                                                                                                                                
CO-CHAIR WOOL  announced that the  first order of  business would                                                               
be  CS FOR  HOUSE  BILL  NO. 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."                                                                
                                                                                                                                
3:21:36 PM                                                                                                                    
                                                                                                                                
The committee took a brief at-ease.                                                                                             
                                                                                                                                
3:22:27 PM                                                                                                                    
                                                                                                                                
CO-CHAIR WOOL opened public testimony.                                                                                          
                                                                                                                                
3:22:41 PM                                                                                                                    
                                                                                                                                
JESSICA  KIM, Alaska  Community  Action on  Toxics, informed  the                                                               
committee that  she is testifying in  support of HB 30  on behalf                                                               
of  Alaska  Community  Action  on   Toxics  (ACAT),  a  statewide                                                               
environmental  health research  and advocacy  organization.   She                                                               
stated  that ACAT  has a  22-year  history working  on behalf  of                                                               
workers harmed  by chemical and  radiation exposures, as  well as                                                               
for  equitable  workers'  compensation.    She  opined  that  the                                                               
current system  unfairly and adversely hurts  Alaskan workers and                                                               
their families,  particularly those  who are single  or disabled,                                                               
from  workplace  accidents.    HB  30,  she  said,  would  remedy                                                               
inequities under  the current system  by ensuring  that workplace                                                               
injuries or  deaths are properly  compensated.  She  concluded by                                                               
stating that, as  an organization that advocates  for the health,                                                               
safety, and  fair compensation of Alaskan  workers, ACAT strongly                                                               
supports HB 30.                                                                                                                 
                                                                                                                                
3:25:57 PM                                                                                                                    
                                                                                                                                
KEVIN DAUGHTRY, Alaska District  Council of Laborers, offered his                                                               
understanding  of  the  "practical  and tragic"  impacts  of  the                                                               
current law, which  HB 30 intends to correct.   He encouraged the                                                               
committee  to move  the  bill forward  and  expressed his  strong                                                               
support for it passing.                                                                                                         
                                                                                                                                
3:30:43 PM                                                                                                                    
                                                                                                                                
MARYANNE BURKE  addressed Abigail Caudle's death  and pointed out                                                               
that, despite evidence  of gross negligence by  her employer, her                                                               
family still hasn't received any  benefits other than her funeral                                                               
costs.   She  opined  that  there is  no  liability with  current                                                               
workers' compensation  laws in Alaska,  adding that if  a benefit                                                               
were  to be  paid to  the  deceased individual's  family and  the                                                               
employer were  to face  disciplinary action  then there  would be                                                               
fewer lives lost.                                                                                                               
                                                                                                                                
3:34:59 PM                                                                                                                    
                                                                                                                                
CO-CHAIR WOOL closed public testimony.                                                                                          
                                                                                                                                
3:35:11 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HANNAN   sought  clarification  on   whether  the                                                               
ability for the family to  litigate an accidental death was taken                                                               
out of the current version of the bill.                                                                                         
                                                                                                                                
3:35:36 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   ANDY   JOSEPHSON,  Alaska   State   Legislature,                                                               
answered  yes.    He  explained that,  normally,  in  a  workers'                                                               
compensation case the injured worker  does not pay any attorney's                                                               
fees and there are limits to the  amount he or she can receive in                                                               
damages in  a personal injury action.   He opined that,  while it                                                               
sounds  good to  have  the  right to  go  to  trial, the  injured                                                               
individual  is better  off  under Title  23  [labor and  Workers'                                                               
Compensation].                                                                                                                  
                                                                                                                                
3:38:25 PM                                                                                                                    
                                                                                                                                
CO-CHAIR LEDOUX moved to report  CSHB 30, Version LS0280\S, Marx,                                                               
4/3/19, out of committee with  individual recommendations and the                                                               
accompanying fiscal  notes.  Without objection,  CSHB 30(L&C) was                                                               
moved from the House Labor and Commerce Standing Committee.