STAND. COM. REP. NO.1388

Honolulu, Hawaii

, 2003

RE: H.B. No. 1013

H.D. 3

S.D. 2

 

 

Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Ways and Means, to which was referred H.B. No. 1013, H.D. 3, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO EXAMINATIONS FOR THE DETERMINATION OF PERMANENT IMPAIRMENT,"

begs leave to report as follows:

The purpose of this measure is to require examinations for determination of "permanent impairment" to be conducted by "impairment examiners" mutually agreed upon by employers and employees.

This bill also requires the Director of Labor and Industrial Relations to appoint an "impairment examiner" if the parties cannot mutually agree on an examiner. The Director is further required to compile and maintain a list of impairment examiners and appoint them to conduct examinations in order of their appearance on the list. Finally, the cost of employer-requested examinations is to be borne by employers.

Upon further consideration, your Committee has amended this bill by:

(1) Clarifying that the new requirements apply to examinations that are requested by employers; and

(2) Replacing the term "examiner" with the term "physician" because the former term is not defined in chapter 386, Hawaii Revised Statutes, relating to workers compensation, while the latter term is clearly defined in section 386-1, Hawaii Revised Statutes.

As affirmed by the record of votes of the members of your Committee on Ways and Means that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1013, H.D. 3, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 1013, H.D. 3, S.D. 2.

Respectfully submitted on behalf of the members of the Committee on Ways and Means,

____________________________

BRIAN T. TANIGUCHI, Chair