REPORT TITLE:
Stress Related Workers' Comp


DESCRIPTION:
Disallows compensation for physical or mental injury resulting
from a disciplinary or other personnel action taken in good faith
by the employer.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                            1405        
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 1999                                
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 386-3, Hawaii Revised Statutes, is
 
 2 amended by amending subsection (c) to read as follows:
 
 3      "(c)  [A claim for mental stress resulting solely from
 
 4 disciplinary action taken in good faith by the employer shall not
 
 5 be allowed; provided that if a collective bargaining agreement or
 
 6 other employment agreement specifies a different standard than
 
 7 good faith for disciplinary actions, the standards set in the
 
 8 collective bargaining agreement or other employment agreement
 
 9 shall be applied in lieu of the good faith standard.  For
 
10 purposes of this subsection, the standards set in the collective
 
11 bargaining agreement or other employment agreement shall be
 
12 applied in any proceeding before the department, the appellate
 
13 board, and the appellate courts.] No compensation shall be
 
14 allowed for an employee's physical or mental injury if it results
 
15 from a disciplinary action or other personnel action taken in
 
16 good faith by the employer."
 
17      SECTION 2.  This Act does not affect the rights and duties
 
18 that matured, penalties that were incurred, and proceedings that
 
19 were begun, before its effective date.
 

 
Page 2                                         1405        
                                     H.B. NO.           
                                                        
                                                        

 
 1      SECTION 3.  Statutory material to be repealed is bracketed.
 
 2 New statutory material is underscored.
 
 3      SECTION 4.  This Act shall take effect upon its approval.
 
 4 
 
 5                           INTRODUCED BY:  _______________________