HB 31: "An Act relating to the presumption of coverage for a workers' compensation claim for disability as a result of certain diseases for certain occupations."
00 HOUSE BILL NO. 31 01 "An Act relating to the presumption of coverage for a workers' compensation claim for 02 disability as a result of certain diseases for certain occupations." 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. 23.30.121. Presumption of coverage for disability from diseases for 06 certain occupations. (a) There is a presumption that a claim for compensation for 07 disability as a result of the diseases described in (b) and (c) of this section for the 08 occupations listed under (b) and (c) of this section are within the provisions of this 09 chapter. This presumption of coverage may be rebutted by a preponderance of the 10 evidence. The evidence may include the use of tobacco products, physical fitness and 11 weight, lifestyle, hereditary factors, and exposure from other employment or 12 nonemployment activities. 13 (b) For a fire fighter covered under AS 23.30.243, 14 (1) there is a presumption that a claim for compensation for disability
01 as a result of the following diseases is within the provisions of this chapter: 02 (A) respiratory disease; 03 (B) heart problems that are experienced within 72 hours after 04 exposure to smoke, fumes, or toxic substances; and 05 (C) the following cancers: 06 (i) primary brain cancer; 07 (ii) malignant melanoma; 08 (iii) leukemia; 09 (iv) non-Hodgkin's lymphoma; 10 (v) bladder cancer; 11 (vi) ureter cancer; and 12 (vii) kidney cancer; 13 (2) following termination of service, the presumptions established in 14 (1) of this subsection extend to the fire fighter for a period of three calendar months 15 for each year of requisite service but may not extend more than 60 calendar months 16 following the last date of employment; 17 (3) the presumption established in (1)(C) of this subsection applies 18 only to an active or former fire fighter who has cancer that develops or manifests itself 19 after the fire fighter has served at least 10 years and who was given a qualifying 20 medical examination upon becoming a fire fighter or during employment as a fire 21 fighter that did not show evidence of cancer. 22 (c) For an employee in an occupation involving exposure to human blood or 23 bodily fluids, there is a presumption that a claim for compensation for disability as a 24 result of the following contagious diseases is within the provisions of this chapter: 25 (1) human immunodeficiency virus; 26 (2) acquired immunodeficiency syndrome; 27 (3) all strains of hepatitis; 28 (4) meningococcal meningitis; and 29 (5) mycobacterium tuberculosis. 30 (d) The provisions of (b)(1) of this section do not apply to a fire fighter who 31 develops a heart or lung condition and who has a history of tobacco product use as
01 established under (e)(2) of this section. 02 (e) The department shall, by regulation, define 03 (1) for purposes of (b)(3) of this section, the type and extent of the 04 medical examination that is needed to eliminate evidence of cancer in an active or 05 former fire fighter; and 06 (2) for purposes of (d) of this section, the nature and quantity of a 07 person's tobacco product use; the standards adopted under this paragraph shall use or 08 be based on existing medical research. 09 * Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section to 10 read: 11 APPLICABILITY. The presumption of coverage established by this Act applies to 12 claims made on or after the effective date of this Act, even if the exposure leading to the 13 occupational disease occurred before the effective date of this Act.