Legislature(2015 - 2016)GRUENBERG 120
04/09/2016 01:00 PM House JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| HB205 | |
| HB214 | |
| HB286 | |
| HB334 | |
| HB286 | |
| HB214 | |
| HB334 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 214 | TELECONFERENCED | |
| + | HB 286 | TELECONFERENCED | |
| + | HB 334 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 205 | TELECONFERENCED | |
HB 214-REPEAL WORKERS' COMP APPEALS COMMISSION
2:24:22 PM
CHAIR LEDOUX announced that the next order of business would be
HOUSE BILL NO. 214, "An Act repealing the Workers' Compensation
Appeals Commission; relating to decisions and orders of the
Alaska Workers' Compensation Board; relating to superior court
jurisdiction over appeals from Alaska Workers' Compensation
Board decisions and orders; repealing Rules 201.1, 401.1, and
501.1, Alaska Rules of Appellate Procedure, and amending Rules
202(a), 204(a) - (c), 210(e), 508(g), 601(b), 602, and 603,
Alaska Rules of Appellate Procedure; and providing for an
effective date."
2:24:51 PM
LAURA STIDOLPH, Staff, Representative Kurt Olson, Alaska State
Legislature advised, "Before you is the committee substitute for
HB 214, ... Version P," and this bill is at the request of the
Department of Labor & Workforce Development, Commissioner Heidi
Drygas. She explained that HB 214 repeals the Workers'
Compensation Appeals Commission, established from an omnibus
bill in 2005 to expedite the workers' compensation appeals
process. Although, she said, within the past decade it has not
produced timely results, with a 50 percent decision reversal
rate by the Alaska Supreme Court. She noted the Workers' Comp
Appeals Commission tried, for the past decade, to give Alaskan
workers a timely and accurate process, but it has proven to not
do the job as intended. The committee substitute addresses the
requested changes brought forth by the court system, she
explained, and numerous meetings were held between the
department, the court system, and Representative Olson's office
to make this bill agreeable to all parties. Marie Marx,
Division of Workers' Compensation, and Andrew Hemenway, Chair of
the Workers' Compensation Appeals Commission are available for
questions.
2:26:45 PM
REPRESENTATIVE CLAMAN commented that currently a person has the
opportunity to go before the Workers' Compensation Appeals
Commission when unhappy with a Workers' Compensation Board
decision. He surmised that under the revision, the first avenue
of appeal would be the Alaska Superior Court, and then if
unhappy with that decision they would then appeal to the Alaska
Supreme Court.
MS. STIDOLPH agreed.
REPRESENTATIVE CLAMAN noted there are provisions within the bill
managing the transition from today, when a person would still go
to the Workers' Compensation Appeals Commission in cases that
may be pending before the Supreme Court following an appeal to
the Workers' Compensation Appeals Commission, and it could send
some of the cases back to the superior court for review.
MS. STIDOLPH agreed, and she said there is transitional language
that appeals would be sent to the Workers' Compensation Appeals
Commission until June 1, 2016. There is then a transition
between June 1, 2016 and December 2016 for anything that was
held in the Workers' Compensation Appeals Commission limbo file.
REPRESENTATIVE CLAMAN surmised that by the end of year 2016 the
Workers' Compensation Appeals Commission would completely cease
to exist.
MS. STIDOLPH agreed, and she opined the House Labor and Commerce
Standing Committee estimated that approximately six cases would
not be finished by the end of the year and would be forwarded to
the superior court.
REPRESENTATIVE MILLETT referred to page 5, lines 21-31 through
page 6, lines 1-17, and advised that it clearly speaks to how
the transition will move forward, and described it as an
eloquent manner of transitioning from one approach to a new
approach.
2:28:58 PM
CHAIR LEDOUX listed witnesses available for questions.
CHAIR LEDOUX opened public testimony and after ascertaining no
one wished to testify, closed public testimony.
2:29:49 PM
CHAIR LEDOUX described the bill as déjà vu, and noted in 2005,
when this commission was set up, it was a controversial issue.
She said it reminds her of the poem, "It started with a bang and
it's going to end in a whimper."
2:30:27 PM
REPRESENTATIVE KELLER moved CS for HB 214, Version [I] out of
committee HB 214 with individual recommendations and the
accompanying fiscal notes. There being no objection, CSHB
214(L&C) out of the House Judiciary Standing Committee.
[Later within these minutes the committee rescinded its action
on CS for HB 214, Version 29-LS0854/P, and moved the intended CS
for HB 214, 29-LS0854/I out of committee at timestamp 3:13:33.]
HB 214-REPEAL WORKERS' COMP APPEALS COMMISSION
3:13:43 PM
CHAIR LEDOUX announced that the next order of business is to
return to the committee's actions on HB 214 today.
CHAIR LEDOUX moved to rescind the committee's vote to pass CSHB
214(L&C), Version 29-LS0854/P, out of the House Judiciary
Standing Committee. There being no objection, CSHB (L&C),
Version I was before the committee.
3:14:11 PM
REPRESENTATIVE KELLER moved to report CSHB 214, Version 29-
LS0854/I out of committee with individual recommendations and
the accompanying fiscal notes. There being no objection, CSHB
214(L&C) was passed out of the House Judiciary Standing
Committee.