REPORT TITLE:
Worker's Comp; Subsequent Inj


DESCRIPTION:
Limits, for subsequent nonwork-related injuries, an employer's
liability for an employee's future medical care and indemnity
benefits to an apportioned percentage ascribable to a prior work-
related injury.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2176 
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
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.  Chapter 386, Hawaii Revised Statutes, is amended
 
 2 by adding a new section to be appropriately designated and to
 
 3 read as follows:
 
 4      "386-     Subsequent nonwork-related injuries.  In the
 
 5 event that an employee suffers a subsequent injury which is not
 
 6 covered under this chapter and which results in an aggravation of
 
 7 a prior work-related injury, the employer's liability for the
 
 8 employee's future medical care and indemnity benefits shall be
 
 9 limited to an apportioned percentage that can be ascribed to the
 
10 compensable prior work-related injury.  In the event the employer
 
11 and employee are unable to agree on an apportioned percentage
 
12 based upon available medical information, a hearing shall be held
 
13 and the director shall make a finding of apportionment.  If the
 
14 director finds that the medical evidence is such that an
 
15 apportioned percentage cannot be determined, the apportioned
 
16 percentage that can be ascribed to the prior work-related injury
 
17 shall be fifty per cent and the apportioned percentage that can
 
18 be ascribed to the subsequent nonwork-related injury shall be
 
19 fifty per cent."
 

 
Page 2                                                     2176 
                                     H.B. NO.           
                                                        
                                                        

 
 1      SECTION 2.  New statutory material is underscored.
 
 2      SECTION 3.  This Act shall take effect upon its approval.
 
 3 
 
 4                              INTRODUCED BY:______________________