Enrolled SB 93: Relating to claims for injury, disability, or heart attack payable from the fishermen's fund; relating to claims against protection and indemnity insurance policies of vessel owners; relating to the definition of "occupational disease"; and providing for an effective date.
00Enrolled SB 93 01 Relating to claims for injury, disability, or heart attack payable from the fishermen's fund; 02 relating to claims against protection and indemnity insurance policies of vessel owners; 03 relating to the definition of "occupational disease"; and providing for an effective date. 04 _______________ 05 * Section 1. AS 23.35.140 is amended to read: 06 Sec. 23.35.140. Limitation on benefits. (a) Except for compelling reasons 07 and except as provided in (c) and (d) of this section, 08 (1) compensation may not be paid for medical care or hospitalization 09 furnished before the ascertainable time of injury, or before authorization in the case of 10 disability caused by an occupational disease; 11 (2) the total allowance for any one injury or disablement is $15,000 12 [$10,000]. 13 (b) Except as provided in (c) and (d) of this section, the [THE] total
01 allowance for any one heart attack is $15,000 [$10,000]. 02 * Sec. 2. AS 23.35.140 is amended by adding new subsections to read: 03 (c) If the unexpended and unobligated balance of the fund falls below 04 $7,500,000, 05 (1) the total allowance for any one injury or disablement under (a)(2) 06 of this section is reduced to $10,000; and 07 (2) the total allowance for any one heart attack under (b) of this section 08 is reduced to $10,000. 09 (d) If the unexpended and unobligated balance of the fund falls below 10 $5,000,000, 11 (1) the total allowance for any one injury or disablement under (a)(2) 12 of this section is reduced to $5,000; and 13 (2) the total allowance for any one heart attack under (b) of this section 14 is reduced to $5,000. 15 * Sec. 3. AS 23.35.145 is amended to read: 16 Sec. 23.35.145. Claim of vessel owner. Except as provided in (b) and (c) of 17 this section, if [IF] a fisherman files a claim for benefits under this chapter and also 18 files a claim against the protection and indemnity insurance policy of the vessel 19 owner, the vessel owner is entitled to receive a benefit, not to exceed the amount of 20 the actual loss, that is the lesser of 21 (1) the full amount of the protection and indemnity insurance policy 22 deductible; or 23 (2) $15,000 [$5,000]. 24 * Sec. 4. AS 23.35.145 is amended by adding new subsections to read: 25 (b) If the unexpended and unobligated balance of the fund falls below 26 $7,500,000, the benefit a vessel owner is entitled to receive under (a)(2) of this section 27 is reduced to $10,000. 28 (c) If the unexpended and unobligated balance of the fund falls below 29 $5,000,000, the benefit a vessel owner is entitled to receive under (a)(2) of this section 30 is reduced to $5,000. 31 * Sec. 5. AS 23.35.150(5) is amended to read:
01 (5) "occupational disease" means hernia; varicose veins of the leg; 02 viral infections and the respiratory diseases, bronchitis, pleurisy, and pneumonia 03 caused by or aggravated by the fishing endeavor, but excluding the common cold and 04 influenza; rheumatism, arthritis, and those musculoskeletal diseases (such as bursitis, 05 traumatic sciatica, and tenosynovitis) directly caused by or aggravated by the fishing 06 endeavor; and does not include a disease not common to both sexes, venereal disease, 07 or a condition arising out of an attempt of a fisherman to injure self or another. 08 * Sec. 6. This Act takes effect immediately under AS 01.10.070(c).