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.