Legislature(2007 - 2008)BELTZ 211
05/01/2007 01:30 PM Senate LABOR & COMMERCE
| Audio | Topic |
|---|---|
| Start | |
| HB121 | |
| SB118 | |
| HB182 | |
| HB136 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 136 | TELECONFERENCED | |
| + | HB 182 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | SB 155 | TELECONFERENCED | |
| += | SB 118 | TELECONFERENCED | |
| += | HB 121 | TELECONFERENCED | |
CSHB 121(L&C)AM-WORKERS' COMPENSATION RECORDS
1:34:26 PM
CHAIR ELLIS announced CSHB 121(L&C) AM to be up for
consideration.
SENATOR BETTYE DAVIS joined the committee.
REPRESENTATIVE PEGGY WILSON, sponsor of HB 121, said she
sponsored this bill because identity theft is on the rise in
Alaska and she has had complaints from constituents whose names
and information have been given out through the Division of
Workers' Compensation.
CHAIR ELLIS asked her to elaborate.
REPRESENTATIVE WILSON responded that one of her constituents was
very upset when a company in the Lower 48 contacted her and she
found out it got her name from the Division of Workers'
Compensation in the State of Alaska. Right now, she explained
except for a glitch saying that the Division of Workers
Compensation can release information, no other department in
state government can. This bill tightens up that loophole giving
Alaskans additional protection from identity theft.
1:36:38 PM
SENATOR BUNDE said the House decided addresses could still be
released and he asked why those would need to be available to
the public.
REPRESENTATIVE WILSON explained that testimony has indicated
when someone has a workers' compensation claim, attorneys have
access to that information anyway through a lawsuit.
SENATOR BUNDE asked if the attorney would be representing the
opposition or possibly be a "bottom feeder."
REPRESENTATIVE WILSON replied that she wasn't' sure, but the
department would have more information.
SENATOR BUNDE asked if the committee determined that releasing
the name and address was not in the best interest of
individuals, would she object to that being removed.
REPRESENTATIVE WILSON replied she would be happy to have that
happen.
1:39:09 PM
PAUL LISANKIE, Director, Division of Workers' Compensation,
Department of Labor and Workforce Development (DOLWD), in
response to Senator Bunde's question about the purpose behind
soliciting names, explained that letters were being sent to
people asking if they wanted to pursue a legal remedy other than
workers' compensation, specifically some type of maritime remedy
through the courts.
SENATOR BUNDE said it appears that the letters were sent by
people out "shopping for business."
MR. LISANKIE replied that his understanding is that the people
who sent those letters felt their recipients could use legal
representation.
SENATOR BUNDE asked if the department felt a need for the State
of Alaska to release this information.
MR. LISANKIE replied that the division would prefer to not
release this information because people who have filed claims
could be discriminated against in getting a new job.
1:40:51 PM
CHAIR ELLIS asked what the division does to inform injured
workers of their rights when they file a claim.
MR. LISANKIE replied the forms designed to be filled out by the
injured worker have instructions and information on their rights
and responsibilities that end with a phone number. Injury
reports generate a file and a brochure on the Workers'
Compensation Act is sent to the potential claimant. The division
also delivers information through its website. He has cut back
on printed information, because it is more expensive, but he
sends it out in writing upon request. He said the attorney
seeking this information suggested there might be some
alternative to workers' compensation - a maritime remedy.
1:43:21 PM
SENATOR STEVENS asked Mr. Lisankie what he meant by job
discrimination.
MR. LISANKIE replied there have been concerns that firms would
hold themselves out as job screeners. He gets inquiries from
throughout the U.S. to please check if a person's name has ever
filed an injury report for Workers' Compensation in Alaska. He
just couldn't think of a good use for this information and he
knows under Alaska statute, it is illegal to discriminate
against someone for having filed a claim.
1:45:14 PM
SENATOR BUNDE said he thought the basic premise of our Workers'
Compensation system is that both the company and worker give up
the right for a private suit in return for workers'
compensation. And people who were shopping were trying to
convince people to not use workers' compensation or if they were
refused to go with a private attorney.
1:45:47 PM
MR. LISANKIE replied that was essentially correct. There is a
bit of a gray legal area that has not been completely defined in
Alaska. If someone has sufficient ties to Alaska, they could
qualify for workers' compensation coverage and if the claims
were sufficiently maritime in nature, they might also qualify
for some maritime remedies. They are unique.
1:46:43 PM
CHAIR ELLIS said he is interested in injured workers knowing
what their legal rights are whether they are under Workers'
Compensation or maritime law and he wanted to balance all those
interests. He anticipated a lengthy discussion somewhere in the
process on removing the amendment that was made on the House
floor that also brought on a $292,000 fiscal note.
SENATOR BUNDE said he didn't think they should send the bill
forward without addressing removal of names and addresses.
CHAIR ELLIS said that could be noted on the committee report.
1:48:50 PM
SENATOR STEVENS moved to pass CSHB 121(L&C)am with individual
recommendations and attached fiscal note. There were no
objections and it was so ordered.
SENATOR STEVENS said he agreed with Senator Bunde that names and
addresses should not be given out and asked if that could be
sent to the next committee.
CHAIR ELLIS replied yes.
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