REPORT TITLE:
Workers' Compensation; Fees


DESCRIPTION:
Provides a number of factors that the Director of Labor and
Industrial Relations may consider in approving attorneys' fees,
including comparable civil litigation attorneys' fees.  (HB2798
HD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2798
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1
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.  Section 386-94, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "386-94  Attorneys, physicians, other health care
 
 4 providers, and other fees.  (a)  Claims for services shall not be
 
 5 valid unless approved by the director or, if an appeal is had, by
 
 6 the appellate board or court deciding the appeal.  Any claim so
 
 7 approved shall be a lien upon the compensation in the manner and
 
 8 to the extent fixed by the director, the appellate board, or the
 
 9 court.  The following factors may be considered in approving
 
10 attorney's fees:
 
11      (1)  Those factors described in the department's
 
12           administrative rules pertaining to worker's
 
13           compensation attorneys' fees; 
 
14      (2)  The comparable hourly rates charged by attorneys who
 
15           are engaged in other areas of civil litigation in
 
16           Hawaii; and
 
17      (3)  The hourly rates which have been approved by state and
 
18           federal courts in Hawaii as a reasonable hourly civil
 
19           litigation rate for attorneys.
 
20      (b)  Any person who receives any fee, other consideration,
 

 
Page 2                                                     2798
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 or gratuity on account of services so rendered, without approval,
 
 2 in conformity with the preceding paragraph, shall be fined by the
 
 3 director not more than $10,000."
 
 4      SECTION 2.  New statutory material is underscored.
 
 5      SECTION 3.  This Act shall take effect upon its approval.