05/05/2006 08:16 AM Senate L&C

       CSSSHB  31(FIN)-WORKERS' COMP: DISEASE PRESUMPTION                                                                   
                                                                                                                                
CHAIR CON BUNDE announced HB 31 to be up for consideration.                                                                     
                                                                                                                                
SENATOR JOHNNY ELLIS moved SCS CSSSHB 31, Version \S as the                                                                     
working document.                                                                                                               
                                                                                                                                
CHAIR  BUNDE  announced that  without  objection,  Version S  was                                                               
before the committee and then recognized Mr. Hilyard.                                                                           
                                                                                                                                
8:17:37 AM                                                                                                                    
                                                                                                                                
HEATH HILYARD,  staff to Representative Anderson,  explained that                                                               
Version S addresses the concerns  that were expressed previously.                                                               
He  said  he  would  highlight where  the  specific  issues  were                                                               
addressed.                                                                                                                      
                                                                                                                                
First there  was concern about the  differentiation regarding the                                                               
10-year employment  requirement. Originally that only  applied to                                                               
cancers and not to respiratory  or cardiovascular issues. That is                                                               
addressed on  page 2,  lines 17-20.  The term  "disease" replaces                                                               
the term "cancer" and applies to  all the diseases listed on page                                                               
2 so there would be a  10-year employment requirement for all the                                                               
diseases listed.  Also, lines 21-23 regarding  qualifying medical                                                               
examinations applies to all diseases and not just the cancers.                                                                  
                                                                                                                                
There  was   also  question  about   the  applicability   of  the                                                               
presumptions with  regard to peace officers  versus firefighters.                                                               
There was  particular confusion on  page 2, starting on  line 29.                                                               
That  presumption applies  to the  contagious diseases  listed on                                                               
page  3.  The  presumption   regarding  cancers  and  respiratory                                                               
diseases applies only  to fire fighters and can be  found on page                                                               
1,  starting on  line 13.  The cancers  and respiratory  diseases                                                               
apply only  to fire fighters.  The infectious diseases on  page 3                                                               
apply to peace officers as well, he said.                                                                                       
                                                                                                                                
The  Department  of  Labor  expressed  concern  at  the  lack  of                                                               
definition for firefighter. Page 3,  line 28 clarifies that "fire                                                               
fighter" has  the same  meaning is defined  in AS  09.65.295. Mr.                                                               
Hilyard read the following definition from subsection (c):                                                                      
                                                                                                                                
     ..."fire  fighter"   means  a  person  employed   by  a                                                                    
     municipal  fire department  or  who is  a  member of  a                                                                    
     volunteer  fire department  registered  with the  state                                                                    
     fire marshal,  or a person  registered for  purposes of                                                                    
     workers' compensation with the  state fire marshal as a                                                                    
     member of a volunteer fire department.                                                                                     
                                                                                                                                
MR. HILYARD  said his last  point is  in reference to  a previous                                                               
response  he  had  given  to   Senator  Seekins  related  to  the                                                               
presumptions  and applicability  of the  infectious diseases.  He                                                               
clarified that Section  1 provides that all  the presumptions are                                                               
rebuttable  and  that  a  number   of  factors  such  as  weight,                                                               
lifestyle, tobacco use, and hereditary  factors may be taken into                                                               
consideration.                                                                                                                  
                                                                                                                                
8:21:09 AM                                                                                                                    
                                                                                                                                
CHAIR BUNDE  noted that Senator  Ben Stevens had  arrived shortly                                                               
after the meeting convened.                                                                                                     
                                                                                                                                
SENATOR  BUNDE reiterated  that  all the  claims are  rebuttable.                                                               
Workers'  compensation   wouldn't  be  automatic  even   if,  for                                                               
example, a  person worked  for the  fire department  for 10-years                                                               
and  then contracted  a listed  disease or  a cancer.  The person                                                               
would  be required  to go  through a  particular process  to show                                                               
some nexus between the illness and the employment.                                                                              
                                                                                                                                
MR.  HILYARD agreed;  a qualifying  medical examination  would be                                                               
required and absent that the presumption would be absent.                                                                       
                                                                                                                                
8:22:15 AM                                                                                                                    
                                                                                                                                
CHAIR  BUNDE closed  public testimony  and stated  that with  the                                                               
aforementioned changes  the bill  could move from  committee with                                                               
reduced concern about the impacts  to municipalities and workers'                                                               
compensation. He asked for a motion.                                                                                            
                                                                                                                                
8:22:32 AM                                                                                                                    
                                                                                                                                
SENATOR ELLIS  moved to  report SCS  CSSSHB 31(L&C)  and attached                                                               
zero  and   indeterminate  fiscal   notes  from   committee  with                                                               
individual recommendations.  Senator Davis, Senator  Ben Stevens,                                                               
Senator Ellis, and Chair Bunde voted yea and it was so ordered.