Enrolled SB 159: Relating to medical and rehabilitation information in workers' compensation matters; increasing the maximum funeral expenses payable as a workers' compensation death benefit; and providing for an effective date.
00Enrolled SB 159 01 Relating to medical and rehabilitation information in workers' compensation matters; 02 increasing the maximum funeral expenses payable as a workers' compensation death benefit; 03 and providing for an effective date. 04 _______________ 05 * Section 1. AS 23.30.108 is amended by adding new subsections to read: 06 (d) If the employee files a petition seeking a protective order to recover 07 medical and rehabilitation information that has been provided but is not related to the 08 employee's injury, and the board or the board's designee grants the protective order, 09 the board or the board's designee granting the protective order shall direct the division, 10 the board, the commission, and the parties to return to the employee, as soon as 11 practicable following the issuance of the protective order, all medical and 12 rehabilitation information, including copies, in their possession that is unrelated to the 13 employee's injury under the protective order. 14 (e) If the board or the board's designee limits the medical or rehabilitation
01 information that may be used by the parties to a claim, either by an order on the record 02 or by issuing a written order, the division, the board, the commission, and a party to 03 the claim may request and an employee shall provide or authorize the production of 04 medical or rehabilitation information only to the extent of the limitations of the order. 05 If information has been produced that is outside of the limits designated in the order, 06 the board or the board's designee shall direct the party in possession of the information 07 to return the information to the employee as soon as practicable following the issuance 08 of the order. 09 * Sec. 2. AS 23.30.215(a) is amended to read: 10 (a) If the injury causes death, the compensation is known as a death benefit 11 and is payable in the following amounts to or for the benefit of the following persons: 12 (1) reasonable and necessary funeral expenses not exceeding $10,000 13 [$5,000]; 14 (2) if there is a widow or widower or a child or children of the 15 deceased, the following percentages of the spendable weekly wages of the deceased: 16 (A) 80 percent for the widow or widower with no children; 17 (B) 50 percent for the widow or widower with one child and 40 18 percent for the child; 19 (C) 30 percent for the widow or widower with two or more 20 children and 70 percent divided equally among the children; 21 (D) 100 percent for an only child when there is no widow or 22 widower; 23 (E) 100 percent, divided equally, if there are two or more 24 children and no widow or widower; 25 (3) if the widow or widower remarries, the widow or widower is 26 entitled to be paid in one sum an amount equal to the compensation to which the 27 widow or widower would otherwise be entitled in the two years commencing on the 28 date of remarriage as full and final settlement of all sums due the widow or widower; 29 (4) if there is no widow or widower or child or children, then for the 30 support of father, mother, grandchildren, brothers, and sisters, if dependent upon the 31 deceased at the time of injury, 42 percent of the spendable weekly wage of the
01 deceased to such beneficiaries, share and share alike, not to exceed $20,000 in the 02 aggregate; 03 (5) $5,000 to a surviving widow or widower, or equally divided among 04 surviving children of the deceased if there is no widow or widower. 05 * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to 06 read: 07 APPLICABILITY. The death benefit for funeral expenses under AS 23.30.215(a)(1), 08 as amended by sec. 2 of this Act, applies to an injury occurring on or after the effective date 09 of this Act. 10 * Sec. 4. This Act takes effect immediately under AS 01.10.070(c).