HB 294: "An Act relating to the calculation and payment of workers' compensation benefits in the case of permanent partial impairment; relating to the calculation and payment of workers' compensation death benefits payable to a child of an employee where there is no surviving spouse; relating to the calculation and payment of workers' compensation death benefits for an employee without a surviving spouse or child; relating to notice of workers' compensation death benefits; and providing for an effective date."
00 HOUSE BILL NO. 294 01 "An Act relating to the calculation and payment of workers' compensation benefits in 02 the case of permanent partial impairment; relating to the calculation and payment of 03 workers' compensation death benefits payable to a child of an employee where there is 04 no surviving spouse; relating to the calculation and payment of workers' compensation 05 death benefits for an employee without a surviving spouse or child; relating to notice of 06 workers' compensation death benefits; and providing for an effective date." 07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 08 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 09 to read: 10 SHORT TITLE. This Act may be known as the Abigail Caudle Act. 11 * Sec. 2. AS 23.30.190(a) is amended to read: 12 (a) In case of impairment partial in character but permanent in quality, and not 13 resulting in permanent total disability, the compensation is $252,420 [$177,000]
01 multiplied by the employee's percentage of permanent impairment of the whole 02 person. The percentage of permanent impairment of the whole person is the 03 percentage of impairment to the particular body part, system, or function converted to 04 the percentage of impairment to the whole person as provided under (b) of this section. 05 The compensation is payable in a single lump sum, except as otherwise provided in 06 AS 23.30.041, but the compensation may not be discounted for any present value 07 considerations. 08 * Sec. 3. AS 23.30 is amended by adding a new section to read: 09 Sec. 23.30.212. Notice of death benefits. (a) If an injury causes death, on a 10 form prescribed by the director, the employer shall notify the personal representative 11 of the employee's estate of the compensation for death available under AS 23.30.215, 12 the statute of limitations for obtaining workers' compensation benefits, and where to 13 obtain a list of legal counsel and grief counselors who may be able to assist. 14 (b) In the event that the identity of the personal representative of the 15 employee's estate is not known by the employer, the employer shall notify one of the 16 following: 17 (1) the employee's surviving spouse; 18 (2) the employee's mother or father; 19 (3) the employee's dependent; 20 (4) the employee's next of kin; or 21 (5) anyone otherwise entitled to recover death benefits under 22 AS 23.30.215. 23 (c) In this section, "personal representative" has the meaning given in 24 AS 13.06.050. 25 * Sec. 4. AS 23.30.215(a) is amended to read: 26 (a) If the injury causes death, the compensation is known as a death benefit 27 and is payable in the following amounts to or for the benefit of the following persons: 28 (1) reasonable and necessary funeral expenses not exceeding $10,000; 29 (2) if there is a widow or widower or a child or children of the 30 deceased, the following percentages of the spendable weekly wages of the deceased: 31 (A) 80 percent for the widow or widower with no children;
01 (B) 50 percent for the widow or widower with one child and 40 02 percent for the child; 03 (C) 30 percent for the widow or widower with two or more 04 children and 70 percent divided equally among the children; 05 (D) 100 percent for an only child when there is no widow or 06 widower; 07 (E) 100 percent, divided equally, if there are two or more 08 children and no widow or widower; 09 (3) if the widow or widower remarries, the widow or widower is 10 entitled to be paid in one sum an amount equal to the compensation to which the 11 widow or widower would otherwise be entitled in the two years commencing on the 12 date of remarriage as full and final settlement of all sums due the widow or widower; 13 (4) if there is no widow or widower or child or children, then for the 14 support of father, mother, grandchildren, brothers, and sisters, if dependent upon the 15 deceased at the time of injury, 42 percent of the spendable weekly wage of the 16 deceased to such beneficiaries, share and share alike, not to exceed, [$20,000] in the 17 aggregate, the amount payable under AS 23.30.190(a) for permanent partial 18 impairment, without any multiplier; 19 (5) $5,000 to a surviving widow or widower, or equally divided among 20 surviving children of the deceased if there is no widow or widower; and 21 (6) if there is no widow or widower or child or children, and the 22 father, mother, grandchildren, brothers, and sisters were not dependent on the 23 deceased at the time of injury, then fifty percent of the amount payable under 24 AS 23.30.190(a) for permanent partial impairment, without any multiplier, is 25 payable in a lump sum to the estate of the decedent. 26 * Sec. 5. AS 23.30.215 is amended by adding new subsections to read: 27 (j) The director shall annually increase the amount payable under (a)(6) of this 28 section by a percentage equal to the percentage increase in the Consumer Price Index 29 for urban wage earners and clerical workers for Anchorage, Alaska, during the 30 previous calendar year, as determined by the United States Department of Labor, 31 Bureau of Labor Statistics.
01 (k) The death benefit payable to a person who is a child under (a)(2)(D) or (E) 02 shall terminate five years after the person is no longer considered a child under 03 AS 23.30.395(8). 04 * Sec. 6. This Act takes effect January 1, 2015.