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.