Legislature(2007 - 2008)
02/05/2008 01:32 PM Senate L&C
| Audio | Topic |
|---|---|
| Start | |
| SB117 | |
| SB196 | |
| SB230 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SB 117-WORKERS' COMP: DISEASE PRESUMPTION
1:32:27 PM
CHAIR ELLIS announced SB 117 to be up for consideration.
ANDY MODEROW, staff for Senator French, sponsor of SB 117,
explained the new CS as follows:
This legislation will create a workers' compensation
presumption that certain cardiovascular events,
respiratory diseases and cancers are work related when
contracted by firefighters during a limited timeframe
and within specific parameters. The list of ailments
is limited to diseases that firefighters contract more
often than members of the general public. This list
can be found on page 2, lines 2-13, of the bill.
Certain contagious diseases, such as meningitis and
tuberculosis, are covered under a presumption for
firefighters and other first responders.
In all instances a preponderance of the evidence can
negate this presumption. As an example, someone with
a history of tobacco use is specifically prevented
from the workers' compensation presumption for
respiratory and heart conditions under the
legislation. Other factors including physical fitness,
work history and non-employment activities can be
considered when a claim is filed. A qualifying medical
examination will ensure that the ailment was not
present before the claim is filed.
The presumption for firefighters is restricted to only
those who have served seven years or more, and
coverage for qualifying medical events extends to a
maximum of 60 months after employment ends. I should
also note that exposure to a known carcinogen during
the course of employment must be established for a
cancer claim presumption under the legislation.
Alaska is only one of nine states that haven't
established a workers' compensation presumption for
firefighters, and the 41 states that have similar laws
have found negligible, if any, effects on actuarial
assumptions for claim payouts. CALPERS (the California
retirement system) found no noticeable impact as a
result of the presumption, and workers' compensation
claims actually fell in Illinois during the six years
after a presumption was placed into law.
The new CS before you responds to a concern that the
qualifying medical examination would place an unfunded
obligation on employers across the state. Page 3,
lines 24-30, make it clear that an employer will not
have an obligation to cover the costs of a qualifying
exam. It does provide that an individual has the
option to pay for their own exam if an employer
doesn't provide one. Without an exam, a workers'
compensation claim can still be made, just as current
law allows, but the presumption would not apply.
In short, when our houses are on fire, we run out and
firefighters run in. This legislation gives
firefighters the backup they need when their life-
saving work produces adverse effects to their own
personal health.
1:37:02 PM
SENATOR BUNDE asked if this would cover volunteer fire
departments as well as full-time fire departments.
MR. MODEROW replied yes.
1:37:24 PM
JEFF BRIGGS, Alaska Professional Firefighters Association,
supported SB 117 and the CS. He said all firefighters across the
state appreciate the work they have done on this bill.
MARK JONES, Anchorage Firefighters, supported SB 117 and said he
developed bladder cancer three years ago. This bill provides
important safeguards for firefighters and emergency service
workers.
1:39:52 PM
SENATOR BUNDE noted that he received a letter from Dr. Brown, an
Anchorage physician, stating concerns that some diseases listed
seemed to be focused on men - for instance prostate versus
ovarian cancer.
CHAIR ELLIS said that was a good point and asked Mr. Moderow if
he received that letter.
MR. MODEROW replied no.
SENATOR BUNDE followed up by asking him to take that under
consideration.
1:40:51 PM
CHAIR ELLIS asked Mr. Moderow to go through the CS.
MR. MODEROW said the only change in the CS from the last draft
is on page 3, lines 24-30, where the obligation to pay for the
qualifying medical exam is not placed on the employer. It
provides that the employee can purchase the qualifying medical
examination, but removes the obligation for him to do so giving
the employer the option to provide it.
1:41:33 PM
SENATOR STEVENS moved to adopt CSSB 117(L&C), version E. There
were no objections and it was so ordered.
1:42:04 PM
SENATOR HOFFMAN joined the committee.
SENATOR BUNDE said he would object to moving the bill and
explained that Alaska has a unique workers' compensation system
already in place; it's a very small market with few providers.
He thought passing this bill would put undue stress on that
system. He also thought the cost of premiums would go up with
increased coverage which would be burdensome to municipalities.
CHAIR ELLIS said he didn't expect anything more than a
negligible impact and it could be revisited if their experience
is otherwise.
1:43:51 PM
SENATOR STEVENS moved to pass CSSB 117(L&C) from committee with
individual recommendations and attached fiscal notes. SENATOR
BUNDE objected. A roll call vote was taken. Senators Hoffman,
Davis, Stevens and Ellis voted yea; Senator Bunde voted nay; and
the bill moved from committee.
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