Legislature(1999 - 2000)

04/14/2000 03:32 PM House RLS

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
HB 419-WORKERS' COMPENSATION                                                                                                    
                                                                                                                                
CHAIRMAN COWDERY announced that the only order of business before                                                               
the committee would be HOUSE BILL NO. 419, "An Act relating to the                                                              
weekly rate of compensation and minimum and maximum compensation                                                                
rates for workers' compensation; specifying components of a                                                                     
workers' compensation reemployment plan; adjusting workers'                                                                     
compensation benefits for permanent partial impairment, for                                                                     
reemployment plans, for rehabilitation benefits, for widows,                                                                    
widowers, and orphans, and for funerals; relating to permanent                                                                  
total disability of an employee receiving rehabilitation benefits;                                                              
relating to calculation of gross weekly earnings for workers'                                                                   
compensation benefits for seasonal and temporary workers and for                                                                
workers with overtime or premium pay; setting time limits for                                                                   
requesting a hearing on claims for workers' compensation, for                                                                   
selecting a rehabilitation specialist, and for payment of medical                                                               
bills; relating to termination and to waiver of rehabilitation                                                                  
benefits, obtaining medical releases, and resolving discovery                                                                   
disputes relating to workers' compensation; setting an interest                                                                 
rate for late payments of workers' compensation; providing for                                                                  
updating the workers' compensation medical fee schedule; and                                                                    
providing for an effective date."                                                                                               
                                                                                                                                
Number 0075                                                                                                                     
                                                                                                                                
REPRESENTATIVE PORTER moved to adopt CSHB 419, version M, as the                                                                
working document before the committee.  There being no objection,                                                               
it was so ordered and version M was before the committee.  [The                                                                 
House Finance Committee letter of intent was not adopted.]                                                                      
                                                                                                                                
JANET SEITZ, Staff to Representative Rokeberg, Alaska State                                                                     
Legislature, informed the committee that she was present on behalf                                                              
of the House Labor & Commerce Committee, which is the sponsor of HB
419.  She explained that HB 419 is a bill that was developed by the                                                             
Ad Hoc Committee on Workers' Compensation, which is composed of                                                                 
labor and management representatives that worked in conjunction                                                                 
with the Division of Workers' Compensation in order to update the                                                               
workers' compensation law.                                                                                                      
                                                                                                                                
MS. SEITZ turned to the changes between the House Finance and the                                                               
House Rules version.  In the House Finance Committee, there was an                                                              
amendment added relating to subcontractors and how they are treated                                                             
under workers' compensation.  The House Rules committee substitute                                                              
removes that amendment, which was inserted at the request of the                                                                
Alaska Homebuilders Association.  The Alaska [State] Homebuilders                                                               
Association agreed to remove the amendment as it is an issue that                                                               
will take more study.  Furthermore, the ad hoc group is                                                                         
uncomfortable with that amendment because it has not had a chance                                                               
to thoroughly review the amendment.                                                                                             
                                                                                                                                
Number 0194                                                                                                                     
                                                                                                                                
ALLEN WILSON, President, Alaska State Homebuilders Association,                                                                 
remarked that this subcontractor issue is important and the hope                                                                
was that this would clarify the current statutes and provide some                                                               
relief to the members of the Alaska State Homebuilders Association                                                              
as well as others in the same situation.  However, he realized that                                                             
the association needs some allies to make this work.  The members                                                               
of the ad hoc committee are those allies who will eventually                                                                    
develop a solution to this problem.  In working with the ad hoc                                                                 
committee, the association has agreed to withdraw the amendment and                                                             
continue working on resolution of this issue.                                                                                   
                                                                                                                                
Number 0269                                                                                                                     
                                                                                                                                
DWIGHT PERKINS, Deputy Commissioner, Department of Labor &                                                                      
Workforce Development (DOLWD), noted that DOLWD is committed to                                                                 
working with the association in order to reach a resolution on this                                                             
issue.  Mr. Perkins said that DOLWD supports the amendment.                                                                     
                                                                                                                                
REPRESENTATIVE KOTT asked if Mr. Perkins will have a recommendation                                                             
on this issue for next year's legislature.                                                                                      
                                                                                                                                
MR. PERKINS replied yes and reiterated that the department will                                                                 
work with the association over the interim.                                                                                     
                                                                                                                                
CHAIRMAN COWDERY asked if the [Alaska State] Homebuilders                                                                       
[Association] is the only group with problems.                                                                                  
                                                                                                                                
Number 0335                                                                                                                     
                                                                                                                                
CHARLIE MILLER, Alaska National Insurance, informed the committee                                                               
that he agrees with the Homebuilders Association on this issue.  He                                                             
noted that Alaska National Insurance has coverage for some of the                                                               
small groups and it is a problem for both the insured and the                                                                   
insurers.  Therefore, he offered to help in order to clarify this.                                                              
He assumed that the House Rules Committee is proposing to take out                                                              
the amendment and the letter of intent, which he agreed didn't                                                                  
resolve the mutual problem.  In response to Representative Green,                                                               
Mr. Miller agreed to work on this over the interim.                                                                             
                                                                                                                                
Number 0406                                                                                                                     
                                                                                                                                
REPRESENTATIVE PORTER moved to report CSHB 419, version M, out of                                                               
committee with individual recommendations and the accompanying                                                                  
fiscal notes.  There being no objection, it was so ordered and CSHB
419(RLS) was reported from the House Rules Standing Committee.                                                                  
[Please note that the House Finance Committee letter of intent was                                                              
not adopted and thus was not reported out of the House Rules                                                                    
Committee.]                                                                                                                     

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