HCS CSSB 147(L&C) am H: "An Act relating to workers' compensation reemployment rights and benefits; establishing a workers' compensation stay-at-work program; relating to the workers' compensation benefits guaranty fund; relating to the presumption of compensability for workers' compensation claims related to post-traumatic stress disorder; relating to the Alaska senior benefits payment program; and providing for an effective date."
00 HOUSE CS FOR CS FOR SENATE BILL NO. 147(L&C) am H 01 "An Act relating to workers' compensation reemployment rights and benefits; 02 establishing a workers' compensation stay-at-work program; relating to the workers' 03 compensation benefits guaranty fund; relating to the presumption of compensability for 04 workers' compensation claims related to post-traumatic stress disorder; relating to the 05 Alaska senior benefits payment program; and providing for an effective date." 06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 07 * Section 1. AS 23.30.005(h) is amended to read: 08 (h) The department shall adopt rules for all panels [,] and procedures for the 09 periodic selection, retention, and removal of both rehabilitation specialists and 10 physicians under AS 23.30.041, 23.30.043, and 23.30.095, and shall adopt regulations 11 to carry out the provisions of this chapter. The department may by regulation provide 12 for procedural, discovery, or stipulated matters to be heard and decided by the 13 commissioner or a hearing officer designated to represent the commissioner rather
01 than a panel. If a procedural, discovery, or stipulated matter is heard and decided by 02 the commissioner or a hearing officer designated to represent the commissioner, the 03 action taken is considered the action of the full board on that aspect of the claim. 04 Process and procedure under this chapter shall be as summary and simple as possible. 05 The department, the board, or a member of it may for the purposes of this chapter 06 subpoena witnesses, administer or cause to be administered oaths, and [MAY] 07 examine or cause to have examined the parts of the books and records of the parties to 08 a proceeding that relate to questions in dispute. The superior court, on application of 09 the department, the board, or any members of it, shall enforce the attendance and 10 testimony of witnesses and the production and examination of books, papers, and 11 records. 12 * Sec. 2 AS 23.30.041(b) is amended to read: 13 (b) The administrator shall 14 (1) enforce regulations adopted by the board to implement this section; 15 (2) recommend regulations for adoption by the board that establish 16 performance and reporting criteria for rehabilitation specialists; 17 (3) enforce the quality and effectiveness of reemployment benefits 18 provided for under this section; 19 (4) review on an annual basis the performance of rehabilitation 20 specialists to determine continued eligibility for delivery of rehabilitation services; 21 (5) submit to the department, on or before October 1 [MAY 1] of each 22 year, a report of reemployment benefits provided under this section for the previous 23 calendar year; the report must include a general section, sections related to each 24 rehabilitation specialist employed under this section, and a statistical summary of all 25 rehabilitation cases, including 26 (A) the estimated and actual cost of each active rehabilitation 27 plan; 28 (B) the estimated and actual time of each rehabilitation plan; 29 (C) a status report on all individuals requesting, waiving, 30 beginning, completing, or terminating a reemployment benefits program 31 including
01 (i) reasons for denial, waiver, suspension, or 02 termination; 03 (ii) dates of completion and return to work; and 04 (iii) other information required by the director; 05 (D) the cost of reemployment benefits; 06 (E) status reports of all individuals who successfully completed 07 a reemployment plan that includes 08 (i) the plan's occupational goal and whether the 09 individual obtained work after completion in the planned or another 10 occupation; and 11 (ii) the individual's employment status six months, one 12 year, and two years after reemployment plan completion; 13 (6) maintain a list of rehabilitation specialists who meet the 14 qualifications established under this section; 15 (7) promote awareness among physicians, adjusters, injured workers, employers, 16 employees, attorneys, training providers, and rehabilitation specialists of the reemployment 17 program established in this subsection; 18 (8) submit to the department, on or before October 1 of each year, 19 a report of stay-at-work benefits provided under AS 23.30.043 for the previous 20 calendar year; the report must include a general section, sections related to each 21 rehabilitation specialist employed under AS 23.30.043, and a statistical summary 22 of all stay-at-work cases, including 23 (A) the estimated and actual cost of each active stay-at- 24 work plan; 25 (B) the estimated and actual time of each stay-at-work 26 plan; 27 (C) a status report on all individuals requesting, beginning, 28 completing, or terminating a stay-at-work plan including 29 (i) reasons for denial or termination; 30 (ii) dates of completion and return to work; and 31 (iii) other information required by the director;
01 (D) the cost of stay-at-work benefits; 02 (E) status reports of all individuals who successfully 03 completed a stay-at-work plan that includes 04 (i) the plan's occupational goal and whether the 05 individual returned to work after completion of the stay-at-work 06 plan; and 07 (ii) the individual's employment status six months, 08 one year, and two years after stay-at-work plan completion. 09 * Sec. 3. AS 23.30.041(c) is amended to read: 10 (c) An employee and an employer may stipulate to the employee's eligibility 11 for reemployment benefits at any time. If an employee suffers a compensable injury 12 and, as a result of the injury, the employee is totally unable, for 25 [45] consecutive 13 days, to return to the employee's employment at the time of injury, the administrator 14 shall notify the employee of the employee's rights under this section within 14 days 15 after the 25th [45TH] day. Within 10 days after the employee receives the 16 administrator's notification of the employee's rights, the employee shall elect, and 17 notify the administrator and the employer of the election, whether to participate 18 in the reemployment benefits process in accordance with this section or the stay- 19 at-work benefits program established under AS 23.30.043. Except as provided in 20 AS 23.30.043, if [IF] the employee is totally unable to return to the employee's 21 employment for 90 [60] consecutive days as a result of the injury, the employee or 22 employer may request an eligibility evaluation. The administrator may approve the 23 request if the employee's injury may permanently preclude the employee's return to the 24 employee's occupation at the time of the injury. Except as provided in AS 23.30.043, 25 if [IF] the employee is totally unable to return to the employee's employment at the 26 time of the injury for 120 [90] consecutive days as a result of the injury, the 27 administrator shall, without a request, order an eligibility evaluation unless a 28 stipulation of eligibility was submitted. If the administrator approves a request or 29 orders an evaluation, the administrator shall, on a rotating and geographic basis, select 30 a rehabilitation specialist from the list maintained under (b)(6) of this section to 31 perform the eligibility evaluation. If the person that employs a rehabilitation specialist
01 selected by the administrator to perform an eligibility evaluation under this subsection 02 is performing any other work on the same workers' compensation claim involving the 03 injured employee, the administrator shall select a different rehabilitation specialist. 04 * Sec. 4. AS 23.30.041(d) is amended to read: 05 (d) Within 60 [30] days after the referral by the administrator, the 06 rehabilitation specialist shall perform the eligibility evaluation and issue a report of 07 findings. [THE ADMINISTRATOR MAY GRANT UP TO AN ADDITIONAL 30 08 DAYS FOR PERFORMANCE OF THE ELIGIBILITY EVALUATION UPON 09 NOTIFICATION OF UNUSUAL AND EXTENUATING CIRCUMSTANCES AND 10 THE REHABILITATION SPECIALIST'S REQUEST.] Within 14 days after receipt 11 of the report from the rehabilitation specialist, the administrator shall notify the parties 12 of the employee's eligibility for reemployment preparation benefits. Within 10 days 13 after the decision, either party may seek review of the decision by requesting a hearing 14 under AS 23.30.110. The hearing shall be held within 30 days after the hearing [IT] is 15 requested. The board shall uphold the decision of the administrator except for abuse of 16 discretion on the administrator's part. 17 * Sec. 5. AS 23.30.041(e) is amended to read: 18 (e) An employee shall be eligible for benefits under this section upon the 19 employee's written request and by having a physician predict that the employee will 20 have permanent physical capacities that are less than the physical demands of the 21 employee's job as described in the job analysis obtained from the most recent 22 version of the Occupational Information Network database published by the 23 United States Department of Labor, Employment and Training Administration, 24 [1993 EDITION OF THE UNITED STATES DEPARTMENT OF LABOR'S 25 "SELECTED CHARACTERISTICS OF OCCUPATIONS DEFINED IN THE 26 REVISED DICTIONARY OF OCCUPATIONAL TITLES"] for 27 (1) the employee's job at the time of injury; or 28 (2) other jobs that exist in the labor market that the employee has held 29 or received training for within 10 years before the injury or that the employee has held 30 following the injury for a period long enough to obtain the skills to compete in the 31 labor market. [, ACCORDING TO SPECIFIC VOCATIONAL PREPARATION
01 CODES AS DESCRIBED IN THE 1993 EDITION OF THE UNITED STATES 02 DEPARTMENT OF LABOR'S "SELECTED CHARACTERISTICS OF 03 OCCUPATIONS DEFINED IN THE REVISED DICTIONARY OF 04 OCCUPATIONAL TITLES."] 05 * Sec. 6. AS 23.30.041(f) is amended to read: 06 (f) An employee is not eligible for reemployment benefits if 07 (1) the employer offers employment within the employee's predicted 08 post-injury physical capacities at a wage equivalent to at least the state minimum wage 09 under AS 23.10.065 or 75 percent of the worker's gross hourly wages at the time of 10 injury, whichever is greater, and the employment prepares the employee to be 11 employable in other jobs that exist in the labor market; 12 (2) the employee previously declined the development of a 13 reemployment benefits plan under (g) of this section, received a job dislocation benefit 14 under (g)(2) of this section, and returned to work in the same or similar occupation in 15 terms of physical demands required of the employee at the time of the previous injury; 16 (3) the employee has been previously rehabilitated in a former 17 workers' [WORKER'S] compensation claim and returned to work in the same or 18 similar occupation in terms of physical demands required of the employee at the time 19 of the previous injury; [OR] 20 (4) at the time of medical stability, no permanent impairment is 21 identified or expected; 22 (5) the employee fails to timely notify the administrator and the 23 employer of the employee's election under (c) of this section, unless the parties 24 submit to the administrator a stipulation to a reemployment benefits eligibility 25 evaluation or to the employee's eligibility for reemployment benefits; 26 (6) the employee completed a stay-at-work plan under 27 AS 23.30.043; or 28 (7) the employee has not cooperated with the stay-at-work benefits 29 program under AS 23.30.043(l). 30 * Sec. 7. AS 23.30.041(h) is amended to read: 31 (h) Within 90 days after the rehabilitation specialist is selected or assigned
01 [SPECIALIST'S SELECTION] under (g) of this section, the rehabilitation specialist 02 shall prepare and provide to the employee and employer a complete 03 reemployment plan [MUST BE FORMULATED AND APPROVED]. The 04 reemployment plan must require continuous participation by the employee and must 05 maximize the usage of the employee's transferrable skills. The reemployment plan 06 must include at least the following: 07 (1) a determination of the occupational goal in the labor market; 08 (2) an inventory of the employee's technical skills, transferrable skills, 09 physical and intellectual capacities, academic achievement, emotional condition, and 10 family support; 11 (3) a plan to acquire the occupational skills to be employable; the plan 12 must consider use of training and employment services offered by the 13 Department of Labor and Workforce Development under AS 23.15; 14 (4) the cost estimate of the reemployment plan, including 15 (A) provider fees 16 (B) [; AND THE COST OF] tuition; 17 (C) [,] books; 18 (D) [,] tools [,] and supplies; 19 (E) [,] transportation; 20 (F) [,] temporary lodging; 21 (G) [, OR] job modification devices; and 22 (H) job search and job placement activities; 23 (5) the estimated length of time that the plan will take; 24 (6) the date that the plan will commence; 25 (7) the estimated time of medical stability as predicted by a treating 26 physician or by a physician who has examined the employee at the request of the 27 employer or the board, or by referral of the treating physician; 28 (8) a detailed description and plan schedule; 29 (9) a finding by the rehabilitation specialist that the inventory under (2) 30 of this subsection indicates that the employee can be reasonably expected to 31 satisfactorily complete the plan and perform in a new occupation within the time and
01 cost limitations of the plan; and 02 (10) a provision requiring that, after a person has been assigned to 03 perform medical management services for an injured employee, the person shall send 04 written notice to the employee, the employer, and the employee's physician explaining 05 in what capacity the person is employed, whom the person represents, and the scope of 06 the services to be provided. 07 * Sec. 8. AS 23.30.041(j) is amended to read: 08 (j) The rehabilitation specialist shall serve the reemployment plan on the 09 employee and employer. If the employee and employer agree to the plan, the 10 [THE] employee, rehabilitation specialist, and the employer shall sign the 11 reemployment benefits plan. If the employer and employee fail to agree on a 12 reemployment plan, either party may submit a reemployment plan for approval to the 13 administrator not later than 90 days after the date of service of the reemployment 14 plan on the employee and employer. The plan must ensure remunerative 15 employability. The [; THE] administrator shall approve or deny a plan submitted 16 under this subsection within 14 days after the plan is submitted. Within [; WITHIN] 17 10 days after [OF] the decision, either party may seek review of the decision by 18 requesting a hearing under AS 23.30.110. The [; THE] board shall 19 (1) uphold the decision of the administrator unless evidence is 20 submitted supporting an allegation of abuse of discretion on the part of the 21 administrator; and 22 (2) [THE BOARD SHALL] render a decision within 30 days after 23 completion of the hearing. 24 * Sec. 9. AS 23.30.041(l) is amended to read: 25 (l) The cost of the reemployment plan incurred under this section shall be the 26 responsibility of the employer, shall be paid on an expense incurred basis, and may not 27 exceed $22,150. The department shall, by regulation and not less than once every 28 five years, adjust the cost limit set out in this subsection to account for inflation 29 [$13,300]. 30 * Sec. 10. AS 23.30.041 is amended by adding a new subsection to read: 31 (s) In addition to the benefits provided to an employee under a reemployment
01 plan prepared under this section, an employee who elects to use reemployment 02 benefits under this section is entitled to payment by the employer of costs incurred for 03 specialized job modification devices or services and reasonable travel and relocation 04 expenses associated with searching for new employment, returning to work in a new 05 location, and attendance at an on-the-job training program. The employer shall pay the 06 cost of the additional benefits incurred under this subsection on an expense incurred 07 basis. The cost of the additional benefits incurred under this subsection may not 08 exceed $4,000, and may not, when combined with the cost of the reemployment plan 09 incurred under this section, exceed the cost limit set out in (l) of this section. 10 * Sec. 11. AS 23.30 is amended by adding a new section to article 1 to read: 11 Sec. 23.30.043. Stay-at-work benefits program. (a) The stay-at-work benefits 12 program is established in the division. The division shall designate a member of the 13 division staff as coordinator of the stay-at-work benefits program. 14 (b) Within 14 days after an employee's election under AS 23.30.041(c) to 15 participate in the program, the administrator shall, on a rotating and geographic basis, 16 select a rehabilitation specialist from the list maintained under AS 23.30.041(b)(6) to 17 develop a stay-at-work plan and provide services under the plan. In selecting a 18 rehabilitation specialist, the administrator shall consider the rehabilitation specialist's 19 ability to accept and promptly provide program services and the rehabilitation 20 specialist's expertise and relevant experience relating to the employee's type of injury 21 or challenges specific to returning the employee to work with the employer. If the 22 person that employs a rehabilitation specialist selected by the administrator is 23 performing any other work on the same workers' compensation claim involving the 24 employee, the administrator shall select a different rehabilitation specialist. 25 (c) Within 60 days after the administrator selects the rehabilitation specialist, 26 the rehabilitation specialist shall 27 (1) develop a stay-at-work plan and provide the plan, in a format 28 prescribed by the director, to the employee, employer, program coordinator, and the 29 employee's attending physician; or 30 (2) provide the employee, employer, and the administrator with a 31 determination and findings supporting the determination, in a format prescribed by the
01 director, that the rehabilitation specialist is unable to develop a stay-at-work plan. 02 (d) The board shall establish by regulation the standards and procedures a 03 rehabilitation specialist must use in developing a stay-at-work plan and the contents 04 that the plan must include. 05 (e) The employee's attending physician shall provide a written opinion of 06 whether the employee has the permanent physical capacities to participate in a stay-at- 07 work plan. The failure of the employee's attending physician to provide an opinion 08 under this subsection constitutes grounds for a determination that the rehabilitation 09 specialist is unable to develop a stay-at-work plan under (c)(2) of this section. 10 (f) Within 14 days after the program coordinator receives a stay-at-work plan, 11 the program coordinator shall approve or deny the plan and notify the parties of the 12 decision. Within 30 days after the program coordinator notifies the parties under this 13 subsection, a party may request that the administrator review the plan. Within 14 days 14 after the administrator receives a request to review the plan, the administrator shall 15 issue a decision approving or denying the plan. 16 (g) Within 14 days after the administrator receives a determination under 17 (c)(2) of this section, the administrator shall decide whether the information in the 18 board's case file for the employee's workers' compensation claim supports the 19 rehabilitation specialist's determination and findings. If the administrator decides the 20 case file supports the rehabilitation specialist's determination and findings, the 21 administrator shall, within 10 days after the administrator's decision, notify the 22 employee and employer of the decision and notify the employee that the employee is 23 no longer eligible for stay-at-work benefits and may pursue reemployment benefits in 24 accordance with AS 23.30.041. If the administrator decides the case file does not 25 support the rehabilitation specialist's determination and findings, the administrator 26 shall, within 10 days after the administrator's decision, notify the employee, employer, 27 and rehabilitation specialist of the decision and 28 (1) notify the employee, employer, and rehabilitation specialist what 29 additional information is needed to develop a stay-at-work plan, who must submit the 30 information, and the date by which the information must be submitted; or 31 (2) select a different rehabilitation specialist in accordance with (b) of
01 this section to develop a stay-at-work plan and provide services under the plan. 02 (h) Within 10 days after the administrator notifies the parties of a decision 03 under (f) or (g) of this section, a party may seek review of the decision by requesting a 04 hearing under AS 23.30.110. The board shall uphold the decision of the administrator 05 unless evidence is submitted supporting an allegation of abuse of discretion on the part 06 of the administrator. The board shall render a decision within 30 days after completion 07 of the hearing. 08 (i) Only a rehabilitation specialist may develop a stay-at-work plan, provide 09 services under the plan, and make a determination and findings under this section. A 10 person who is not a rehabilitation specialist may perform work related to the stay-at- 11 work plan if the work is performed under the direct supervision of a rehabilitation 12 specialist employed in the same firm and location. The employer shall pay the fees 13 charged by the rehabilitation specialist or other person described in this subsection for 14 providing services under this section. 15 (j) The cost of the stay-at-work benefits incurred under this section shall be 16 the responsibility of the employer, shall be paid on an expense incurred basis, and may 17 not exceed $3,000, exclusive of the fees charged by the rehabilitation specialist or 18 other person described in (i) of this section. 19 (k) Stay-at-work benefits terminate two years from the date the program 20 coordinator, administrator, or board approves the stay-at-work plan, whichever is later. 21 (l) After the employee has elected to participate in the program, and upon the 22 request of the employer, the administrator shall decide whether the employee has not 23 cooperated in the program. The administrator shall hold a hearing within 30 days after 24 the administrator receives a request from the employer for a hearing. The 25 administrator shall issue a decision within 14 days after the hearing. Within 10 days 26 after the administrator notifies the parties of the decision, either party may seek review 27 of the decision by requesting a hearing under AS 23.30.110. The board shall uphold 28 the decision of the administrator unless evidence is submitted supporting an allegation 29 of abuse of discretion on the part of the administrator. The board shall render a 30 decision within 30 days after completion of the hearing. If the employee is found to 31 have not cooperated with the program, the employer may terminate stay-at-work
01 benefits and disability benefits on the date on which a finding of noncooperation is 02 made under this subsection. Noncooperation means the employee's unreasonable 03 failure to 04 (1) maintain contact with the rehabilitation specialist; 05 (2) cooperate with the rehabilitation specialist in developing a stay-at- 06 work plan; 07 (3) comply with the employee's responsibilities outlined in the stay-at- 08 work plan; or 09 (4) participate in the stay-at-work plan or in a plan activity. 10 (m) An employee is not eligible for stay-at-work benefits if the employee fails 11 to timely notify the administrator and the employer of the employee's election under 12 AS 23.30.041(c), unless the parties submit to the administrator a stipulation that the 13 employee may participate in the program. 14 (n) An employer may elect not to participate or continue to participate in a 15 stay-at-work plan at any time before the employee completes the plan. If an employer 16 elects not to participate under this subsection, the employer shall notify the employee, 17 the program coordinator, and, if applicable, the rehabilitation specialist of the election. 18 The notice must be in the format prescribed by the director and inform the employee 19 that the employee is no longer eligible for stay-at-work benefits and may pursue 20 reemployment benefits in accordance with AS 23.30.041. The notice of the election is 21 effective the day after the notice is served on the employee, the program coordinator, 22 or, if applicable, the rehabilitation specialist, whichever is later. The employer is 23 responsible for the cost of the stay-at-work benefits incurred before the notice 24 becomes effective. 25 (o) In this section, 26 (1) "administrator" means the reemployment benefits administrator 27 employed under AS 23.30.041(a); 28 (2) "plan" or "stay-at-work plan" means a plan developed by a 29 rehabilitation specialist under this section to return an employee to work for the 30 employer; 31 (3) "program" means the stay-at-work benefits program established in
01 this section; 02 (4) "program coordinator" means the division staff member designated 03 as the coordinator of the program; 04 (5) "rehabilitation specialist" has the meaning given in 05 AS 23.30.041(r); 06 (6) "stay-at-work benefits" means benefits provided under the 07 program. 08 * Sec. 12. AS 23.30.082(a) is amended to read: 09 (a) The workers' compensation benefits guaranty fund is established as a 10 separate fund in the state treasury [GENERAL FUND] to carry out the purposes of 11 this section. The fund is composed of civil penalty payments made by employers 12 under AS 23.30.080, income earned on investment of the money in the fund, money 13 deposited in the fund by the department, and appropriations to the fund, if any. 14 However, money appropriated to the fund does not lapse. Amounts in the fund may be 15 appropriated for claims against the fund, for expenses directly related to fund 16 operations and claims, and for legal expenses. 17 * Sec. 13. AS 23.30.100(a) is amended to read: 18 (a) Notice to an employer of an injury or death in respect to which 19 compensation is payable under this chapter shall be given within 15 [30] days after the 20 date of the [SUCH] injury or death [TO THE EMPLOYER]. 21 * Sec. 14. AS 23.30.105(a) is amended to read: 22 (a) The right to compensation for disability under this chapter is barred unless 23 a claim for it is filed within two years after the employee has knowledge of the nature 24 of the employee's disability and its relation to the employment and after disablement. 25 However, the maximum time for filing the claim in any event other than arising out of 26 an occupational disease shall be four years from the date of injury, and the right to 27 compensation for death is barred unless a claim therefor is filed within one year after 28 the death, except that, if payment of compensation has been made without an award on 29 account of the injury or death, a claim may be filed within two years after the date of 30 the last payment of benefits under AS 23.30.041, 23.30.043, 23.30.180, 23.30.185, 31 23.30.190, 23.30.200, or 23.30.215. It is additionally provided that, in the case of
01 latent defects pertinent to and causing compensable disability, the injured employee 02 has full right to claim as shall be determined by the board, time limitations 03 notwithstanding. 04 * Sec. 15. AS 23.30 is amended by adding a new section to read: 05 Sec. 23.30.118. Presumption of compensability for post-traumatic stress 06 disorder. (a) There is a presumption that an employee's claim for compensation as a 07 result of post-traumatic stress disorder is within the provisions of this chapter if the 08 employee 09 (1) is employed or was employed in an occupation listed in (b)(2) of 10 this section; and 11 (2) while employed or within three years after the last date of the 12 employee's employment, receives a diagnosis by a psychiatrist or a psychologist of 13 post-traumatic stress disorder. 14 (b) The presumption of compensability described in (a) of this section 15 (1) may be rebutted by a preponderance of the evidence that the 16 employee's post-traumatic stress disorder resulted from factors that were not work 17 related; 18 (2) applies only to the following employees: 19 (A) correctional officers; 20 (B) emergency medical technicians; 21 (C) emergency medical dispatchers; 22 (D) firefighters; 23 (E) mobile intensive care paramedics licensed under AS 18.08; 24 (F) peace officers; and 25 (G) employees who are certified under state law to perform 26 emergency medical services; and 27 (3) notwithstanding AS 23.30.100(a), applies for a period of three 28 years following the last date of the employee's employment. 29 (c) In this section, 30 (1) "correctional officer" has the meaning given in AS 18.65.290; 31 (2) "emergency medical dispatcher" has the meaning given in
01 AS 18.08.200; 02 (3) "emergency medical service" has the meaning given in 03 AS 18.08.200; 04 (4) "emergency medical technician" has the meaning given in 05 AS 18.08.200; 06 (5) "firefighter" has the meaning given in AS 23.30.121(f); 07 (6) "peace officer" has the meaning given in AS 11.81.900(b). 08 * Sec. 16. AS 23.30.120(c) is amended to read: 09 (c) Except as provided in AS 23.30.118, the [THE] presumption of 10 compensability established in (a) of this section does not apply to a mental injury 11 resulting from work-related stress. 12 * Sec. 17. AS 23.30.041(p) is repealed. 13 * Sec. 18. Section 4, ch. 1, FSSLA 2007, as amended by sec. 5, ch. 6, SLA 2011, sec. 1, ch. 14 113, SLA 2014, and sec. 1, ch. 8, SLA 2018, is amended to read: 15 Sec. 4. AS 09.38.015(a)(11); AS 47.45.301, 47.45.302, 47.45.304, 47.45.306, 16 47.45.308, and 47.45.309 are repealed June 30, 2034 [2024]. 17 * Sec. 19. This Act takes effect January 1, 2025.