Workers' Compensation

Makes compensable multiple chemical sensitivity disorder.

THE SENATE                              S.B. NO.           2083
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT



 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 incurred
14 by an employee by the employee's wilful intention to injure
15 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. 
18      (c)  A claim for mental stress resulting solely from
19 disciplinary action taken in good faith by the employer shall not

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                                     S.B. NO.           2083

 1 be allowed; provided that if a collective bargaining agreement or
 2 other employment agreement specifies a different standard than
 3 good faith for disciplinary actions, the standards set in the
 4 collective bargaining agreement or other employment agreement
 5 shall be applied in lieu of the good faith standard.  For
 6 purposes of this subsection, the standards set in the collective
 7 bargaining agreement or other employment agreement shall be
 8 applied in any proceeding before the department, the appellate
 9 board, and the appellate courts.
10      (d)  A claim for compensation under this chapter for
11 multiple chemical sensitivity disorder shall be compensable for
12 purposes of subsection (a); provided that the presumptions under
13 section 386-85 shall apply.  As used in this subsection,
14 "multiple chemical sensitivity disorder" means a condition that
15 is caused by daily exposure to and inhalation of numerous
16 chemical fumes while performing a job.  The chemicals must have
17 been rated by the manufacturers as posing a health hazard.
18 Symptoms shall include, but not be limited to, headaches,
19 dizziness, sinus irritation, and breathing disorders.  The
20 diagnosis shall be supported by verifiable medical evidence
21 furnished by a health care provider who is qualified in pulmonary
22 diseases or in occupational health."
23      SECTION 2.  New statutory material is underscored.
24      SECTION 3.  This Act shall take effect upon its approval.
26                           INTRODUCED BY:  _______________________