{"id":"DUT-AK-015","kind":"duty","level":"state","jurisdiction":"Alaska","state":"AK","metro":"","industry":"","agency":"","eco":"","issuer":"Alaska State Legislature (SCS CSSB 241(FIN)), signed by Governor Dunleavy","authority":"Legislative power; uncodified law of the State of Alaska; AS 23.30 (Alaska Workers\u0027 Compensation Act) and AS 09.65.091 (recited)","instrument":"SB 241, ch. 10 SLA 2020, secs. 15 and 32 (cross-reference to Ex. AK-002; not re-saved)","title":"Workers\u0027 compensation presumption of compensability; liability: personal protective equipment","dateIssued":"2020-04-10","effective":"immediately (sec. 40; AS 01.10.070(c))","end":"Secs. 15 and 32 repealed by sec. 34 \u0027on the earlier of (1) November 15, 2020; or (2) the date the governor determines... that the public health disaster emergency... no longer exists\u0027 (the emergency ran to Nov. 15, 2020, Ex. AK-023, AK-024)","startDate":"2020-04-10","endDate":"2020-11-15","quarters":["2020Q2","2020Q3","2020Q4"],"types":["HC","EMP","COND"],"addressees":["employers of firefighters, emergency medical technicians, paramedics, peace officers and health care providers (sec. 15); persons issuing, providing or manufacturing PPE (sec. 32)"],"clause":"an employee who contracts... (COVID-19) is conclusively presumed to have contracted an occupational disease arising out of and in the course of employment if, during the public health disaster emergency declared by the governor on March 11, 2020..., the employee (1) is employed as a firefighter, emergency medical technician, paramedic, peace officer, or health care provider","enforcement":"Workers\u0027 compensation liability under AS 23.30 without the ordinary burden of proof (sec. 15)","functions":[],"notes":"Made COVID-19 contracted by firefighters, emergency medical technicians, paramedics, peace officers and health care providers a conclusively presumed occupational disease chargeable to the employer under AS 23.30, so that workplace infection prevention in those sectors was the employer\u0027s own legal and financial responsibility from March 11 to Nov. 15, 2020; sec. 32 protected persons who issued, provided or manufactured personal protective equipment during the emergency from civil damages absent gross negligence, recklessness or intentional misconduct, \u0027In addition to the immunity available under AS 09.65.091\u0027. Character as recorded: statutory_provision (workers\u0027 compensation presumption).","sourceUrl":"https://www.akleg.gov/PDF/31/Bills/SB0241Z.PDF","snapshot":"","fileExists":true,"fileBytes":703839,"grade":"primary","character":"statutory_provision","description":"","collection":"DUT-AK","url":"/library/DUT-AK-015","exhibitUrl":"/exhibit/DUT-AK-015","citation":"Alaska State Legislature (SCS CSSB 241(FIN)), signed by Governor Dunleavy, SB 241, ch. 10 SLA 2020, secs. 15 and 32 (cross-reference to Ex. AK-002; not re-saved) (Apr. 10, 2020) (Ex. DUT-AK-015)","stateName":"Alaska","related":["AK-023","AK-024","DUT-AK-014"]}