Legislature(2007 - 2008)BELTZ 211

05/01/2007 01:30 PM Senate LABOR & COMMERCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ HB 136 DENTAL HYGIENISTS TELECONFERENCED
Heard & Held
+ HB 182 OFFERING PROMOTIONAL CHECKS TELECONFERENCED
Moved CSHB 182(JUD) Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= SB 155 REGULATION OF WATER/WASTEWATER UTILITIES TELECONFERENCED
<Bill Hearing Postponed>
+= SB 118 PLASTIC BAG FEE; ESTABLISH LITTER FUND TELECONFERENCED
Heard & Held
+= HB 121 WORKERS' COMPENSATION RECORDS TELECONFERENCED
Moved CSHB 121(L&C)am Out of Committee
         CSHB 121(L&C)AM-WORKERS' COMPENSATION RECORDS                                                                      
                                                                                                                                
1:34:26 PM                                                                                                                    
CHAIR   ELLIS  announced   CSHB  121(L&C)   AM  to   be  up   for                                                               
consideration.                                                                                                                  
                                                                                                                                
SENATOR BETTYE DAVIS joined the committee.                                                                                      
                                                                                                                                
REPRESENTATIVE  PEGGY  WILSON,  sponsor   of  HB  121,  said  she                                                               
sponsored  this bill  because identity  theft is  on the  rise in                                                               
Alaska and she  has had complaints from  constituents whose names                                                               
and  information have  been  given out  through  the Division  of                                                               
Workers' Compensation.                                                                                                          
                                                                                                                                
CHAIR ELLIS asked her to elaborate.                                                                                             
                                                                                                                                
REPRESENTATIVE WILSON responded that  one of her constituents was                                                               
very upset when  a company in the Lower 48  contacted her and she                                                               
found  out  it  got  her  name  from  the  Division  of  Workers'                                                               
Compensation in  the State  of Alaska.  Right now,  she explained                                                               
except  for  a  glitch  saying   that  the  Division  of  Workers                                                               
Compensation  can release  information,  no  other department  in                                                               
state government can. This bill  tightens up that loophole giving                                                               
Alaskans additional protection from identity theft.                                                                             
                                                                                                                                
1:36:38 PM                                                                                                                    
SENATOR BUNDE  said the  House decided  addresses could  still be                                                               
released and  he asked why  those would  need to be  available to                                                               
the public.                                                                                                                     
                                                                                                                                
REPRESENTATIVE  WILSON  explained  that testimony  has  indicated                                                               
when someone  has a workers'  compensation claim,  attorneys have                                                               
access to that information anyway through a lawsuit.                                                                            
                                                                                                                                
SENATOR BUNDE  asked if  the attorney  would be  representing the                                                               
opposition or possibly be a "bottom feeder."                                                                                    
                                                                                                                                
REPRESENTATIVE  WILSON replied  that  she wasn't'  sure, but  the                                                               
department would have more information.                                                                                         
                                                                                                                                
SENATOR BUNDE  asked if the  committee determined  that releasing                                                               
the  name   and  address  was   not  in  the  best   interest  of                                                               
individuals, would she object to that being removed.                                                                            
                                                                                                                                
REPRESENTATIVE WILSON  replied she  would be  happy to  have that                                                               
happen.                                                                                                                         
                                                                                                                                
1:39:09 PM                                                                                                                    
PAUL  LISANKIE,  Director,  Division  of  Workers'  Compensation,                                                               
Department  of  Labor  and   Workforce  Development  (DOLWD),  in                                                               
response  to Senator  Bunde's question  about the  purpose behind                                                               
soliciting  names,  explained that  letters  were  being sent  to                                                               
people asking if they wanted to  pursue a legal remedy other than                                                               
workers' compensation, specifically some  type of maritime remedy                                                               
through the courts.                                                                                                             
                                                                                                                                
SENATOR  BUNDE said  it appears  that  the letters  were sent  by                                                               
people out "shopping for business."                                                                                             
                                                                                                                                
MR. LISANKIE  replied that his  understanding is that  the people                                                               
who  sent those  letters felt  their recipients  could use  legal                                                               
representation.                                                                                                                 
                                                                                                                                
SENATOR BUNDE asked  if the department felt a need  for the State                                                               
of Alaska to release this information.                                                                                          
                                                                                                                                
MR.  LISANKIE  replied that  the  division  would prefer  to  not                                                               
release  this information  because people  who have  filed claims                                                               
could be discriminated against in getting a new job.                                                                            
                                                                                                                                
1:40:51 PM                                                                                                                    
CHAIR  ELLIS  asked what  the  division  does to  inform  injured                                                               
workers of their rights when they file a claim.                                                                                 
                                                                                                                                
MR. LISANKIE replied  the forms designed to be filled  out by the                                                               
injured worker have instructions  and information on their rights                                                               
and  responsibilities  that  end  with  a  phone  number.  Injury                                                               
reports  generate  a   file  and  a  brochure   on  the  Workers'                                                               
Compensation Act is sent to  the potential claimant. The division                                                               
also delivers  information through its  website. He has  cut back                                                               
on  printed information,  because it  is more  expensive, but  he                                                               
sends  it out  in  writing  upon request.  He  said the  attorney                                                               
seeking   this  information   suggested  there   might  be   some                                                               
alternative to workers' compensation - a maritime remedy.                                                                       
                                                                                                                                
1:43:21 PM                                                                                                                    
SENATOR  STEVENS  asked  Mr.  Lisankie   what  he  meant  by  job                                                               
discrimination.                                                                                                                 
                                                                                                                                
MR. LISANKIE  replied there have  been concerns that  firms would                                                               
hold  themselves out  as job  screeners. He  gets inquiries  from                                                               
throughout the U.S.  to please check if a person's  name has ever                                                               
filed an  injury report for  Workers' Compensation in  Alaska. He                                                               
just couldn't  think of a  good use  for this information  and he                                                               
knows  under  Alaska  statute,  it  is  illegal  to  discriminate                                                               
against someone for having filed a claim.                                                                                       
                                                                                                                                
1:45:14 PM                                                                                                                    
SENATOR BUNDE said  he thought the basic premise  of our Workers'                                                               
Compensation system is  that both the company and  worker give up                                                               
the   right  for   a  private   suit  in   return  for   workers'                                                               
compensation.  And  people  who  were  shopping  were  trying  to                                                               
convince people to not use  workers' compensation or if they were                                                               
refused to go with a private attorney.                                                                                          
                                                                                                                                
1:45:47 PM                                                                                                                    
MR. LISANKIE  replied that  was essentially  correct. There  is a                                                               
bit of a gray legal area  that has not been completely defined in                                                               
Alaska.  If someone  has sufficient  ties to  Alaska, they  could                                                               
qualify  for workers'  compensation  coverage and  if the  claims                                                               
were  sufficiently maritime  in nature,  they might  also qualify                                                               
for some maritime remedies. They are unique.                                                                                    
                                                                                                                                
1:46:43 PM                                                                                                                    
CHAIR  ELLIS said  he is  interested in  injured workers  knowing                                                               
what  their legal  rights  are whether  they  are under  Workers'                                                               
Compensation or maritime  law and he wanted to  balance all those                                                               
interests. He  anticipated a lengthy discussion  somewhere in the                                                               
process  on removing  the amendment  that was  made on  the House                                                               
floor that also brought on a $292,000 fiscal note.                                                                              
                                                                                                                                
SENATOR  BUNDE said  he didn't  think they  should send  the bill                                                               
forward without addressing removal of names and addresses.                                                                      
                                                                                                                                
CHAIR ELLIS said that could be noted on the committee report.                                                                   
                                                                                                                                
1:48:50 PM                                                                                                                    
SENATOR  STEVENS moved  to pass  CSHB 121(L&C)am  with individual                                                               
recommendations  and   attached  fiscal   note.  There   were  no                                                               
objections and it was so ordered.                                                                                               
                                                                                                                                
SENATOR STEVENS said he agreed  with Senator Bunde that names and                                                               
addresses should  not be  given out  and asked  if that  could be                                                               
sent to the next committee.                                                                                                     
                                                                                                                                
CHAIR ELLIS replied yes.                                                                                                        
                                                                                                                                

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