AS Title 23, Chapter 35: Commercial Fishermen's Fund

Chapter 35. Commercial Fishermen's Fund. Sec. 23.35.010. Creation of Fishermen's Fund Advisory and Appeals Council. There is within the Department of Labor and Workforce Development a Fishermen's Fund Advisory and Appeals Council. Sec. 23.35.020. Appointment and composition of council. The council is composed of the commissioner of labor and workforce development or a person designated by the commissioner and five members appointed by the governor for overlapping five year terms. The governor shall appoint one member from each of the following districts: District 1: Wrangell and areas south; District 2: Areas north of Wrangell to include Yakutat; District 3: Areas west of Yakutat to East Coast of Alaska Peninsula, including Prince William Sound, Cook Inlet, and Kodiak; District 4: Areas west of Alaska Peninsula to Cape Newenham, including Bristol Bay; District 5: Areas north of Cape Newenham, including Kuskokwim, Yukon, Kotzebue, and the Arctic. Sec. 23.35.030. Commissioner or designee as chair. The commissioner of labor and workforce development or the person designated by the commissioner serves as the chair of the council. Sec. 23.35.040. Duties of commissioner and council. (a) The council shall (1) review all denials of benefits made by the person responsible for the administration of the fund; and (2) make all initial determinations regarding claims for additional benefits under AS 23.35.140 . (b) Under regulations adopted by the department, the commissioner shall hear all appeals from the council's denial of benefits and denials of claims for additional benefits under AS 23.35.140 . The commissioner's decision is final and may be appealed as provided under AS 44.62 (Administrative Procedure Act). Sec. 23.35.050. Regulations. The department may adopt regulations to carry out the purposes of this chapter, including those that are necessary or advisable to protect the fund by limiting or suspending payments from the fund. The regulations must be uniform in application. Sec. 23.35.060. Creation and administration of fishermen's fund. (a) There is created a fund, designated as the “fishermen's fund.” The Department of Revenue is the custodian of the fund, and the Department of Labor and Workforce Development shall administer it. The fund shall be composed of (1) 39 percent of the money derived by the state from all commercial fishermen's licenses, not to exceed a maximum of $50 for each license holder for each year; and (2) money appropriated to carry out the purpose of this chapter. (b) The legislature may appropriate up to 50 percent of the interest income earned by the state on the balance of the fishermen's fund for a grant for statewide marine safety training and education programs. Sec. 23.35.070. Benefits. A fisherman, upon becoming disabled, is entitled to receive benefits as follows: immediately after the fisherman sustains an injury or disability arising out of an accident directly connected with operations as a fisherman, either ashore in the state or in Alaska water, or suffers an occupational disease, the fisherman is entitled to emergency treatment, transportation to the nearest place where approved medical facilities are available, medical care, and hospitalization. In this section, “Alaska water” means the inland and territorial water of the state and the fishery conservation zone adjacent to the state established by 16 U.S.C. 1811 (§ 101, Fisheries Conservation and Management Act of 1976). Sec. 23.35.080. Emergency treatment for cardio-vascular diseases. The department may pay the costs, within the maximum limitations, of emergency treatment, transportation, medical care, and hospitalization, necessitated by a cardio-vascular disease, if the department determines that the disease is attributable, directly or indirectly, to the fishing endeavor. Sec. 23.35.090. Assistance after discharge. A fisherman is also entitled to such assistance after discharge from the hospital during period of convalescence as the department allows in consideration of the condition of the fund. Sec. 23.35.100. Transportation, hospital, nursing, medical, and surgical expenses. The department may pay out of the fund all reasonable transportation charges incurred under AS 23.35.080 and 23.35.090, including cost of returning the fisherman to the boat or home of the fisherman or to another place that reasonably meets with the fisherman's convenience, and the reasonable hospital, nursing, medical, and surgical expense incurred in the examination, treatment, and care of the fisherman. Sec. 23.35.110. Contracts for care. In carrying out this chapter, the department may enter into contracts or other arrangements with hospitals and doctors in the state for furnishing care on an annual basis to persons entitled to benefits. Contracting under this section is governed by AS 36.30 (State Procurement Code). Sec. 23.35.120. Cooperation with other agencies. In providing care the department shall provide the type and quality of treatment that will restore the fisherman to health and productivity, if possible. The department may enter into cooperative arrangements with agencies of the federal government, other states and territories, and private clinics and rehabilitation centers for the care and treatment of fishermen. Sec. 23.35.130. Duration of care. Except for compelling reasons, compensation may not be paid for the care of any one person involving a single injury or disability beyond a period of one year from the date of initial allowance. Sec. 23.35.140. Limitation on benefits. (a) Except for compelling reasons and except as provided in (c) and (d) of this section, (1) compensation may not be paid for medical care or hospitalization furnished before the ascertainable time of injury, or before authorization in the case of disability caused by an occupational disease; (2) the total allowance for any one injury or disablement is $15,000. (b) Except as provided in (c) and (d) of this section, the total allowance for any one heart attack is $15,000. (c) If the unexpended and unobligated balance of the fund falls below $7,500,000, (1) the total allowance for any one injury or disablement under (a)(2) of this section is reduced to $10,000; and (2) the total allowance for any one heart attack under (b) of this section is reduced to $10,000. (d) If the unexpended and unobligated balance of the fund falls below $5,000,000, (1) the total allowance for any one injury or disablement under (a)(2) of this section is reduced to $5,000; and (2) the total allowance for any one heart attack under (b) of this section is reduced to $5,000. Sec. 23.35.145. Claim of vessel owner. (a) Except as provided in (b) and (c) of this section, if a fisherman files a claim for benefits under this chapter and also files a claim against the protection and indemnity insurance policy of the vessel owner, the vessel owner is entitled to receive a benefit, not to exceed the amount of the actual loss, that is the lesser of (1) the full amount of the protection and indemnity insurance policy deductible; or (2) $15,000. (b) If the unexpended and unobligated balance of the fund falls below $7,500,000, the benefit a vessel owner is entitled to receive under (a)(2) of this section is reduced to $10,000. (c) If the unexpended and unobligated balance of the fund falls below $5,000,000, the benefit a vessel owner is entitled to receive under (a)(2) of this section is reduced to $5,000. Sec. 23.35.150. Definitions. In this chapter, (1) “approved medical facilities” and “medical care” include the facilities of, or the care and treatment prescribed or performed by, a practitioner of chiropractic licensed by the state under AS 08.20 ; (2) “council” means the Fishermen's Fund Advisory and Appeals Council; (3) “fisherman” means a person who is licensed by the state to engage in commercial fishing under AS 16.05.480 or who is the holder of a permit issued under AS 16.43 and who, at the time injury is sustained or illness is contracted, is actually so engaged or is occupied in Alaska in preparing or dismantling boats or gear used in commercial fishing; (4) “fund” means the fishermen's fund; (5) “occupational disease” means hernia; varicose veins of the leg; viral infections and the respiratory diseases, bronchitis, pleurisy, and pneumonia caused by or aggravated by the fishing endeavor, but excluding the common cold and influenza; rheumatism, arthritis, and those musculoskeletal diseases (such as bursitis, traumatic sciatica, and tenosynovitis) directly caused by or aggravated by the fishing endeavor; and does not include a disease not common to both sexes, venereal disease, or a condition arising out of an attempt of a fisherman to injure self or another.