00                             SENATE BILL NO. 103                                                                         
01 "An Act amending the medical examination requirements for firefighters entitled to a                                    
02 presumption of compensability for a disability resulting from certain diseases."                                        
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)  malignant melanoma;                                                                     
14                           (iii)  leukemia;                                                                              
01                           (iv)  non-Hodgkin's lymphoma;                                                                 
02                           (v)  bladder cancer;                                                                          
03                           (vi)  ureter cancer;                                                                          
04                           (vii)  kidney cancer; and                                                                     
05                           (viii)  prostate cancer;                                                                      
06                 (2)  notwithstanding AS 23.30.100(a), following termination of service,                                 
07       the presumption established in (1) of this subsection extends to the firefighter for a                            
08       period of three calendar months for each year of requisite service but may not extend                             
09       more than 60 calendar months following the last date of employment;                                               
10                 (3)  the presumption established in (1) of this subsection applies only to                              
11       an active or former firefighter who has a disease described in (1) of this subsection                             
12       that develops or manifests itself after the firefighter has served in the state for at least                      
13       seven years and who                                                                                               
14                      (A)  was given a qualifying medical examination upon                                               
15            becoming a firefighter that did not show evidence of the disease;                                            
16                      (B)  was given an annual medical exam during each of the first                                     
17            seven years of employment that did not show evidence of the disease; and                                     
18                      (C)  with regard to diseases described in (1)(C) of this                                           
19            subsection, demonstrates that, while in the course of employment as a                                        
20            firefighter, the firefighter was exposed to a known carcinogen, as defined by                                
21            the International Agency for Research on Cancer or the National Toxicology                                   
22            Program, and the carcinogen is associated with a disabling cancer;                                       
23                 (4)  notwithstanding (3)(A) and (B) of this subsection, a firefighter                               
24       who entered active service as a firefighter before August 19, 2008, is entitled to                            
25       the presumption set out in this section if, before August 19, 2008, the firefighter                           
26       received all medical examinations provided by the department employing the                                    
27       firefighter and the examinations did not show evidence of the disease during the                              
28       first seven years of employment.                                                                              
29    * Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section to                          
30 read:                                                                                                                   
31       APPLICABILITY. The presumption of coverage established by this Act applies to                                     
01 claims made on or after the effective date of this Act.