04/24/1997 11:55 AM Senate L&C

        HB 214 WORKERS COMP:TEMP. ASSISTANCE/MED. CONDIT                      
   CHAIRMAN LEMAN  announced  HB 214  to be up for consideration.             
                                                                               
  MR. GEORGE DOZIER,  Staff to Representative Pete Kott, sponsor, said         
 that HB 214 is a housekeeping bill which accomplishes two goals.              
 One conforms Alaska's Workers' Compensation statutes with federal             
 law, specifically the ADA law.  He explained under current fiscal             
 law it is permissible to deny workers compensation when they make             
 a misrepresentation about their health prior to a conditional offer           
 of employment.  That's not permitted under the ADA.  Section 1                
 conforms Alaska law to the ADA standard.  Employers may not ask               
 about an applicant's medical condition until a conditional offer of           
 employment is made.                                                           
                                                                               
 Section 2 conforms AS 23.32.05 (c) to the ADA.  This addresses the            
 Alaska second injury fund and under current law, if an employer is            
 aware of an original injury prior to hiring an applicant, if other            
 conditions are established, conceivably in the future that employer           
 would qualify to participate in the second injury fund.  This                 
 section removes two words, "hired or," to reflect if employers are            
 covered under the ADA, they should not be making inquiries as to              
 disabilities prior to a conditional offer of employment.                      
                                                                               
 The second goal, addressed in section 3, was drafted in response to           
 questions regarding welfare reform and if individuals participating           
 in temporary assistance who may be required to participate in work            
 activities are covered under the other Workers' Compensation Act.             
 Section 3 adds a new exemption from coverage of Workers'                      
 Compensation to cover those individuals.  These are individuals who           
 are not being compensated.                                                    
                                                                               
  SENATOR KELLY  asked if this bill came from the Division of Workers'         
 Compensation.  MR. DOZIER replied that it did.                                
                                                                               
 Number 453                                                                    
                                                                               
  MR. PAUL GROSSI,  Director, Division of Workers' Compensation, said          
 the ADA section actually started with Representative Kott asking if           
 the Act was preempted by the ADA.  The AG's opinion said that it              
 was and that's where it started.  He said they supported the bill.            
                                                                               
  SENATOR MACKIE  moved to pass HB 214 from committee with individual          
 recommendations.  There were no objections and it was so ordered.