HCS SB 131(FIN): "An Act relating to the presumption of compensability for a disability resulting from certain cancers in firefighters; relating to the payment of workers' compensation benefits in the case of permanent partial impairment; relating to the payment of workers' compensation death benefits; and providing for an effective date."
00 HOUSE CS FOR SENATE BILL NO. 131(FIN) 01 "An Act relating to the presumption of compensability for a disability resulting from 02 certain cancers in firefighters; relating to the payment of workers' compensation 03 benefits in the case of permanent partial impairment; relating to the payment of 04 workers' compensation death benefits; and providing for an effective date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 23.30.121(b) is amended to read: 07 (b) For a firefighter covered under AS 23.30.243, 08 (1) there is a presumption that a claim for compensation for disability 09 as a result of the following diseases is within the provisions of this chapter: 10 (A) respiratory disease; 11 (B) cardiovascular events that are experienced within 72 hours 12 after exposure to smoke, fumes, or toxic substances; and 13 (C) the following cancers: 14 (i) primary brain cancer; 15 (ii) skin cancer [MALIGNANT MELANOMA];
01 (iii) leukemia; 02 (iv) non-Hodgkin's lymphoma; 03 (v) bladder cancer; 04 (vi) ureter cancer; 05 (vii) kidney cancer; [AND] 06 (viii) prostate cancer; 07 (ix) breast cancer; 08 (x) cervical cancer; 09 (xi) testicular cancer; 10 (xii) mesothelioma; 11 (xiii) multiple myeloma; 12 (xiv) colon cancer; 13 (xv) thyroid cancer; and 14 (xvi) ovarian cancer; 15 (2) notwithstanding AS 23.30.100(a), following termination of service, 16 the presumption established in (1) of this subsection extends to the firefighter for a 17 period of three calendar months for each year of requisite service but may not extend 18 more than 60 calendar months following the last date of employment; 19 (3) the presumption established in (1) of this subsection applies only to 20 an active or former firefighter who has a disease described in (1) of this subsection 21 that develops or manifests itself after the firefighter has served in the state for at least 22 seven years and who 23 (A) was given a qualifying medical examination upon 24 becoming a firefighter that did not show evidence of the disease; 25 (B) was given an annual medical exam during each of the first 26 seven years of employment that did not show evidence of the disease; and 27 (C) with regard to diseases described in (1)(C) of this 28 subsection, demonstrates that, while in the course of employment as a 29 firefighter, the firefighter was exposed to a known carcinogen, as defined by 30 the International Agency for Research on Cancer or the National Toxicology 31 Program, and the carcinogen is associated with a disabling cancer.
01 * Sec. 2. AS 23.30.121(f) is amended to read: 02 (f) In this section, "firefighter" means 03 (A) a person employed by a state or municipal fire 04 department or who is a member of a volunteer fire department registered 05 with the state fire marshal; or 06 (B) a person registered for purposes of workers' 07 compensation with the state fire marshal as a member of a volunteer fire 08 department [HAS THE MEANING GIVEN IN AS 09.65.295]. 09 * Sec. 3. AS 23.30.190(a) is amended to read: 10 (a) In case of impairment partial in character but permanent in quality, and not 11 resulting in permanent total disability, the compensation is $273,000 [$177,000] 12 multiplied by the employee's percentage of permanent impairment of the whole 13 person. The percentage of permanent impairment of the whole person is the 14 percentage of impairment to the particular body part, system, or function converted to 15 the percentage of impairment to the whole person as provided under (b) of this section. 16 The compensation is payable in a single lump sum, except as otherwise provided in 17 AS 23.30.041, but the compensation may not be discounted for any present value 18 considerations. 19 * Sec. 4. AS 23.30.215(a) is amended to read: 20 (a) If the injury causes death, the compensation is known as a death benefit 21 and is payable in the following amounts to or for the benefit of the following persons: 22 (1) reasonable and necessary funeral expenses not exceeding $12,000 23 [$10,000]; 24 (2) if there is a widow or widower or a child or children of the 25 deceased, the following percentages of the spendable weekly wages of the deceased: 26 (A) 80 percent for the widow or widower with no children; 27 (B) 50 percent for the widow or widower with one child and 40 28 percent for the child; 29 (C) 30 percent for the widow or widower with two or more 30 children and 70 percent divided equally among the children; 31 (D) 100 percent for an only child when there is no widow or
01 widower; 02 (E) 100 percent, divided equally, if there are two or more 03 children and no widow or widower; 04 (3) if the widow or widower remarries, the widow or widower is 05 entitled to be paid in one sum an amount equal to the compensation to which the 06 widow or widower would otherwise be entitled in the two years commencing on the 07 date of remarriage as full and final settlement of all sums due the widow or widower; 08 (4) if there is no widow or widower or child or children, then for the 09 support of father, mother, grandchildren, brothers, and sisters, if dependent on 10 [UPON] the deceased at the time of injury, 42 percent of the spendable weekly wage 11 of the deceased to such beneficiaries, share and share alike, not to exceed $150,000 12 [$20,000] in the aggregate; 13 (5) $8,000 [$5,000] to a surviving widow or widower, or equally 14 divided among surviving children of the deceased if there is no widow or widower. 15 * Sec. 5. AS 23.30.215 is amended by adding a new subsection to read: 16 (j) A death benefit payable to a child under (a)(2)(D) or (E) of this section 17 continues until the child reaches 23 years of age, unless extended under 18 AS 23.30.395(8). 19 * Sec. 6. The uncodified law of the State of Alaska is amended by adding a new section to 20 read: 21 APPLICABILITY. AS 23.30.121(b), as amended by sec. 1 of this Act, and 22 AS 23.20.121(f), as amended by sec. 2 of this Act, apply to claims made on or after the 23 effective date of secs. 1 and 2 of this Act. 24 * Sec. 7. This Act takes effect January 1, 2023.