Report Title:

Workers' Compensation; Covered Injuries; Occupational Diseases

 

Description:

Requires occupational diseases to be considered work injuries that are compensable under workers' compensation law.

 


HOUSE OF REPRESENTATIVES

H.B. NO.

866

TWENTY-FOURTH LEGISLATURE, 2007

 

STATE OF HAWAII

 

 

 

 

2

 

A BILL FOR AN ACT

 

 

Relating to workers' compensation.

 

 

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

 


     SECTION 1.  Section 386-1, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:

     ""Occupational disease" means any abnormal condition or any acute, chronic, or recurring injury, illness, infection, disability, disorder, syndrome, or symptom that is:

     (1)  Contracted in the course of employment through exposure to operational or environmental factors that result in the absence of work for a period of two or more working days or shifts; and

     (2)  The result of causes and conditions that are:

         (A)  Characteristic of and peculiar to a particular trade, occupation, process, or employment; or

         (B)  The byproduct of a particular work environment, although generally not peculiar to a particular industry.

An occupational disease includes conditions caused from chemical, physical, ergonomic, biological, or psychosocial hazards that may result from systemic infection, repeated stress or strain, exposure to toxins, poisons, fumes, or biological agents, including through injection, inhalation, absorption, ingestion, or direct contact, or other continuing conditions of the employment.

     Occupational disease does not mean an ordinary disease of life to which the general public is exposed, unless the incidence of the disease is substantially higher in the particular trade, occupation, process, or employment than for the general public."

     SECTION 2.  Section 386-3, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  If an employee suffers personal injury either by accident arising out of and in the course of the employment or by occupational disease [proximately caused by or resulting from the nature of the employment], the employee's employer or the special compensation fund shall pay compensation to the employee or the employee's dependents as provided in this chapter.

     Accident arising out of and in the course of the employment includes the wilful act of a third person directed against an employee because of the employee's employment."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

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