REPORT TITLE:
Workers' Compensation


DESCRIPTION:
Deletes injuries to be covered under workers' compensation if an
employee's injury is due to the employee's consumption of alcohol
or illegal substance, participation in an assault, combat, or
recreational or social activity, or mental disorder unless the
disorder is caused by conditions not generally inherent in the
work situation.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
HOUSE OF REPRESENTATIVES                H.B. NO.1583       
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO WORKERS' COMPENSATION.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Section 386-3, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "�386-3 Injuries covered.(a)  If an employee suffers
 
 4 personal injury either by accident arising out of and in the
 
 5 course of the employment or by disease proximately caused by or
 
 6 resulting from the nature of the employment, the employee's
 
 7 employer or the special compensation fund shall pay compensation
 
 8 to the employee or the employee's dependents as provided in this
 
 9 chapter.
 
10      Accident arising out of and in the course of the employment
 
11 includes the wilful act of a third person directed against an
 
12 employee because of the employee's employment.
 
13      (b)  [No compensation shall be allowed for an injury
 
14 incurred by an employee by the employee's wilful intention to
 
15 injure oneself or another by actively engaging in any unprovoked
 
16 non-work related physical altercation other than in self defense,
 
17 or by the employee's intoxication.]  Notwithstanding subsection
 
18 (a), no compensation shall be allowed for any injury or disease
 
19 incurred by an employee as a result of the employee's:
 

 
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                                     H.B. NO.1583       
                                                        
                                                        

 
 1      (1)  Wilful intention to injure oneself or another;
 
 2      (2)  Consumption of alcoholic beverages or unlawful
 
 3           consumption of any drug or controlled substance, unless
 
 4           the employer permitted the consumption; as defined in
 
 5           section 329-1;
 
 6      (3)  Active participation in an assault or combat that is
 
 7           not a function of the employee's job assignment and
 
 8           amounts to a deviation from customary duties, unless
 
 9           the employee did not initiate the assault or combat and
 
10           the employee's participation was limited to reasonable
 
11           efforts to defend oneself or another; and
 
12      (4)  Voluntary participation in any recreational or social
 
13           activity off the work premises solely for the
 
14           employee's personal pleasure, including but not limited
 
15           to employer-sponsored sporting events, team activities,
 
16           parties, and picnics.
 
17      (c)  A claim for mental stress resulting solely from
 
18 disciplinary action taken in good faith by the employer shall not
 
19 be allowed; provided that if a collective bargaining agreement or
 
20 other employment agreement specifies a different standard than
 
21 good faith for disciplinary actions, the standards set in the
 
22 collective bargaining agreement or other employment agreement
 

 
 
 
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                                     H.B. NO.1583       
                                                        
                                                        

 
 1 shall be applied in lieu of the good faith standard.  For
 
 2 purposes of this subsection, the standards set in the collective
 
 3 bargaining agreement or other employment agreement shall be
 
 4 applied in any proceeding before the department, the appellate
 
 5 board, and the appellate courts."
 
 6      SECTION 2.  Statutory material to be repealed is bracketed.
 
 7 New statutory material is underscored.
 
 8      SECTION 3.  This Act shall take effect upon its approval.
 
 9 
 
10                           INTRODUCED BY:  _______________________