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.