REPORT TITLE:
Stress Related Workers' Comp


DESCRIPTION:
Disallows compensation for mental stress resulting from
disciplinary action or other personnel action taken in good faith
by the employer. (HB134 HD2)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        134
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 2
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 as follows:
 
 3      1.  By amending subsection (a) to read:
 
 4      "(a)  If an employee suffers personal injury either by
 
 5 accident arising out of and in the course of the employment or by
 
 6 disease proximately caused by or resulting from the nature of the
 
 7 employment, the employee's employer or the special compensation
 
 8 fund shall pay compensation to the employee or the employee's
 
 9 dependents as provided in this chapter.
 
10      [Accident arising out of and in the course of the
 
11 employment] "Accident arising out of and in the course of the
 
12 employment" includes the wilful act of a third person directed
 
13 against an employee because of the employee's employment."
 
14      2.  By amending subsection (c) to read:
 
15      "(c)  A claim for mental stress resulting [solely] from
 
16 disciplinary action or other personnel action taken in good faith
 
17 by the employer shall not be allowed; provided that if a
 
18 collective bargaining agreement or other employment agreement
 
19 specifies a different standard than good faith for disciplinary
 
20 actions, the standards set in the collective bargaining agreement
 

 
Page 2                                                     134
                                     H.B. NO.           H.D. 2
                                                        
                                                        

 
 1 or other employment agreement shall be applied in lieu of the
 
 2 good faith standard.  For purposes of this subsection, the
 
 3 standards set in the collective bargaining agreement or other
 
 4 employment agreement shall be applied in any proceeding before
 
 5 the department, the appellate board, and the appellate courts."
 
 6      SECTION 2.  This Act does not affect the rights and duties
 
 7 that matured, penalties that were incurred, and proceedings that
 
 8 were begun, before its effective date.
 
 9      SECTION 3.  Statutory material to be repealed is bracketed.
 
10 New statutory material is underscored.
 
11      SECTION 4.  This Act shall take effect           .