Legislature(2005 - 2006)BUTROVICH 205
04/28/2006 09:30 AM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| SB169 | |
| SB316 | |
| SB307 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | SB 169 | TELECONFERENCED | |
| += | SB 307 | TELECONFERENCED | |
| += | SB 316 | TELECONFERENCED | |
| += | HB 414 | TELECONFERENCED | |
| += | HB 190 | TELECONFERENCED | |
SB 169-WORKERS' COMPENSATION RECORDS
12:46:21 PM
CHAIR RALPH SEEKINS announced SB 169 to be up for consideration.
SENATOR GENE THERRIAULT announced that committee aide Heather
Brakes would explain the basic issues of the bill.
SENATOR HOLLIS FRENCH joined the meeting.
HEATHER BRAKES, Staff to Senator Therriault, explained that SB
169 would amend the workers' compensation statutes to clarify
that the Division of Workers' Compensation may not release
personal information for commercial purposes. The Department of
Law has suggested additional language that is not in the bill as
of yet but the sponsor is putting that together. The additional
language would direct the Department of Labor and Workforce
Development to keep the records of injured workers secure.
12:50:37 PM
PAUL LISANKIE, Director, Division of Workers' Compensation,
Department of Labor and Workforce Development (DOLWD), testified
that SB 169 was a provision that was in SB 130 and passed last
year but was necessary legislation today due to a lawsuit that
received its opinion two weeks ago [O'Bryan Baun Cohen Kuebler
versus Paul F. Lisankie, Director of Division of Workers'
Compensation, Department of Labor and Workforce Development,
State of Alaska, John Does 1-10, Employees of the State of
Alaska].
MR. LISANKIE explained that the bill would exempt release of
certain individual information of injured workers that the DOLWD
requires them to file as part of getting their benefits. Over
the years the DOLWD has seen requests for lists of every person
who has filed for workers' compensation in the State of Alaska.
12:52:59 PM
Information can be used for good or ill depending on the intent,
he said. The Department originally suggested the statute use the
phrase "for commercial purposes" so that the worker wouldn't be
prevented an avenue of help in defending their claim. The court
opposes that language and so the Department has an amendment for
the committee to consider.
12:56:16 PM
SENATOR FRENCH asked whether the proposed amendment would
prohibit release of names of employees that work for the state.
MR. LISANKIE said he believed that since it's linked to the
employee file maintained by the Division of Workers'
Compensation that it would be limited and not that broad. He
understood that any medical record housed at the DOLWD that
contained personal information would not be subject to public
inspection except as laid out in paragraphs (1-2).
CHAIR SEEKINS asked Mr. Lisankie whether he discussed the
amendment with the DOL and whether it addressed the ambiguity in
the statute.
MR. LISANKIE said it would erase the ambiguity relating to the
phrase "commercial purposes."
1:00:24 PM
KRIS NOROSZ, Representative for Icicle Seafoods, testified in
support of the bill.
SENATOR THERRIAULT moved Amendment 1. Hearing no objections,
Amendment 1 was adopted.
SENATOR GRETCHEN GUESS moved CSSB 169(JUD) out of committee with
individual recommendations and attached fiscal notes. Hearing no
objections, the motion carried.
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