STAND. COM. REP. NO.  228

 

Honolulu, Hawaii

                , 2011

 

RE:   H.B. No. 466

      H.D. 1

 

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Sixth State Legislature

Regular Session of 2011

State of Hawaii

 

Sir:

 

     Your Committee on Labor & Public Employment, to which was referred H.B. No. 466 entitled:

 

"A BILL FOR AN ACT RELATING TO WORKERS' COMPENSATION,"

 

begs leave to report as follows:

 

     The purpose of this bill is to require independent medical examinations and permanent impairment rating examinations for workers' compensation claims to be performed by physicians mutually agreed upon by employers and employees or appointed by the Director of the Department of Labor and Industrial Relations.

 

     The ILWU Local 142; Hawaii Injured Worker's Alliance; International Association of Rehabilitation Professionals-Hawaii Chapter; the Hawaii Government Employees Association, AFSCME Local 152, AFL-CIO; the Hawaii State AFL-CIO; the Hawaii Chapter–American Physical Therapy Association; and numerous concerned individuals supported this bill.  The Department of Labor and Industrial Relations (DLIR) supported the intent of this measure.  The City and County of Honolulu; Hawaiian Electric Co., Inc.; Maui Electric Company, LTD; Hawaii Electric Light Company, Inc.; the Property Casualty Insurers Association of America; Hawaii Insurers Council; The Chamber of Commerce of Hawaii; and the General Contractors Association of Hawaii opposed this measure.  Several concerned individuals provided comments.

 


     Your Committee has amended this measure by:

 

(1)  Amending the definition of "medical stability" to make it consistent with the current definition in the Hawaii Administrative Rules;

 

(2)  Expanding the situations in which the right to claim compensation can be suspended based on an employee's refusal to submit to examination, by including any refusal, not just unreasonable refusals;

 

(3)  Providing $194,000 funding for three workers' compensation hearing officer positions and two office assistant positions in DLIR; and

 

(4)  Changing the effective date of the appropriation section to July 1, 2011, to reflect the fiscal year appropriation.

 

     Your Committee finds that this measure will greatly improve the fairness of the workers compensation system and provide better quality care for those workers hurt on the job.

 

     As affirmed by the record of votes of the members of your Committee on Labor & Public Employment that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 466, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 466, H.D. 1, and be referred to the Committee on Consumer Protection & Commerce.

 

Respectfully submitted on behalf of the members of the Committee on Labor & Public Employment,

 

 

 

 

____________________________

KARL RHOADS, Chair