00            SENATE CS FOR CS FOR SS FOR HOUSE BILL NO. 31(L&C)                                                          
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)  cardiovascular events that are experienced within 72 hours                                    
04            after 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)  notwithstanding AS 23.30.100(a), following termination of service,                                 
14       the presumption established in (1) of this subsection extend to the fire fighter 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 fire fighter who has a disease described in (1) of this subsection                            
19       that develops or manifests itself after the fire fighter has served at least 10 years and                         
20       who                                                                                                               
21                      (A)  was given a qualifying medical examination upon                                               
22            becoming a fire fighter or during employment as a fire fighter that did not                                  
23            show evidence of the disease; and                                                                            
24                      (B)  with regard to diseases described in (1)(C) of this section,                                  
25            demonstrates that the fire fighter was, while in the course of employment as a                               
26            fire fighter, exposed to a known carcinogen, as defined by the International                                 
27            Agency for Research on Cancer or the National Toxicology Program, and the                                    
28            carcinogen is associated with a disabling cancer.                                                            
29            (c)  The presumption in this subsection applies to fire fighters covered under                               
30       AS 23.30.243, peace officers, and emergency medical and rescue personnel. In this                                 
31       subsection, "emergency medical and rescue personnel" means a trauma technician,                                   

01       emergency medical technician, rescuer, or mobile intensive care paramedic who is a                                
02       paid employee of a first responder service, a rescue service, an ambulance service, or a                          
03       fire department that provides emergency medical or rescue services as part of its                                 
04       duties;                                                                                                           
05                 (1)  under this subsection, there is a presumption that a claim for                                     
06       compensation for disability as a result of the following contagious diseases is within                            
07       the provisions of this chapter:                                                                                   
08                      (A)  human immunodeficiency virus;                                                                 
09                      (B)  acquired immunodeficiency syndrome;                                                           
10                      (C)  all strains of hepatitis;                                                                     
11                      (D)  meningococcal meningitis; and                                                                 
12                      (E)  mycobacterium tuberculosis;                                                                   
13                 (2)  the presumption established in (1) of this subsection applies only to                              
14       fire fighters covered under AS 23.30.243, peace officers, and emergency medical and                               
15       rescue personnel who were given a qualifying medical examination upon becoming a                                  
16       fire fighter, peace officer, or emergency medical or rescue personnel who did not show                            
17       evidence of the disease.                                                                                          
18            (d)  The provisions of (b)(1)(A) and (B) of this section do not apply to a fire                              
19       fighter who develops a cardiovascular or lung condition and who has a history of                                  
20       tobacco product use as established under (e)(2) of this section.                                                  
21            (e)  The department shall, by regulation, define                                                             
22                 (1)  for purposes of (b)(1) - (3) and (c)(1) - (2) of this section, the type                            
23       and extent of the medical examination that is needed to eliminate evidence of the                                 
24       disease in an active or former fire fighter; and                                                                  
25                 (2)  for purposes of (d) of this section, the nature and quantity of a                                  
26       person's tobacco product use; the standards adopted under this paragraph shall use or                             
27       be based on existing medical research.                                                                            
28            (f)  In this section, "fire fighter" has the meaning given in AS 09.65.295.                                  
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, even if the exposure leading to the                             
02 occupational disease occurred before the effective date of this Act.