REPORT TITLE: 
Worker's compensation
DESCRIPTION:
Prohibits compensation for voluntary involvement in after-hours
company activities.  Changes compensation for permanent partial
disability from the maximum weekly benefit rate allowed to
66 2/3% of average weekly wages subject to limitations.

 
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HOUSE OF REPRESENTATIVES                H.B. NO.459        
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                     A BILL FOR AN ACT

RELATING TO WORKER'S COMPENSATION.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:


 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 hereinafter
 
 9 provided.
 
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]:
 
14           (1)  An injury incurred by an employee by the
 
15                employee's wilful intention to injure oneself or
 
16                another by actively engaging in any unprovoked
 
17                non-work related physical altercation other than
 
18                in self defense, or by the employee's
 
19                intoxication[.]; or
 

 
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 1           (2)  Voluntary participation in any recreational or
 
 2                social activity after regular work hours soley for
 
 3                the employee's personal pleasure, including
 
 4                employer-sponsored sporting events, team
 
 5                activities, parties, and picnics."
 
 6      SECTION 2.  Section 386-32, Hawaii Revised Statutes, is
 
 7 amended by amending subsection (a) to read as follows:
 
 8      "(a)  Permanent partial disability.  Where a work injury
 
 9 causes permanent partial disability, the employer shall pay the
 
10 injured worker compensation [in an amount determined by
 
11 multiplying the effective maximum weekly benefit rate prescribed
 
12 in section 386-31 by the number of weeks specified for the
 
13 disability as follow:] a weekly benefit at the rate of sixty-six
 
14 and two-thirds per cent of the worker's average weekly wages,
 
15 subject to the limitations on weekly benefit rates prescribed in
 
16 section 386-31, for the period named in the schedule as follows:
 
17      Thumb.  For the loss of thumb, seventy-five weeks;
 

 
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 1      First finger.  For the loss of a first finger, commonly
 
 2 called index finger, forty-six weeks;
 
 3      Second finger.  For the loss of a second finger, commonly
 
 4 called the middle finger, thirty weeks;
 
 5      Third finger.  For the loss of a third finger, commonly
 
 6 called the ring finger, twenty-five weeks;
 
 7      Fourth finger.  For the loss of a fourth finger, commonly
 
 8 called the little finger, fifteen weeks;
 
 9      Phalanx of thumb or finger.  Loss of the first phalanx of
 
10 the thumb shall be equal to the loss of three-fourths of the
 
11 thumb, and compensation shall be three-fourths of the amount
 
12 above specified for the loss of the thumb.  The loss of the first
 
13 phalanx of any finger shall be equal to the loss of one-half of
 
14 the finger, and compensation shall be one-half of the amount
 
15 above specified for loss of the finger.  The loss of more than
 
16 one phalanx of the thumb or any finger shall be considered as
 
17 loss of the entire thumb or finger;
 
18      Great toe.  For the loss of a great toe, thirty-eight weeks;
 
19      Other toes.  For the loss of one of the toes other than the
 
20 great toe, sixteen weeks;
 
21      Phalanx of toe.  Loss of the first phalanx of any toe shall
 
22 be equal to the loss of one-half of the toe, and the compensation
 
23 shall be one-half of the amount specified for the loss of the
 

 
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 1 toe.  The loss of more than one phalanx of any toe shall be
 
 2 considered as the loss of the entire toe;
 
 3      Hand.  For the loss of a hand, two hundred forty-four weeks;
 
 4      Arm.  For the loss of an arm, three hundred twelve weeks;
 
 5      Foot.  For the loss of a foot, two hundred five weeks;
 
 6      Leg.  For the loss of a leg, two hundred eighty-eight weeks;
 
 7      Eye.  For the loss of an eye by enucleation, one hundred
 
 8 sixty weeks.  For the loss of vision in an eye, one hundred forty
 
 9 weeks.  Loss of binocular vision or of eighty per cent of the
 
10 vision of an eye shall be considered loss of vision of the eye;
 
11      Ear.  For the permanent and complete loss of hearing in both
 
12 ears, two hundred weeks.  For the permanent and complete loss of
 
13 hearing in one ear, fifty-two weeks.  For the loss of both ears,
 
14 eighty weeks.  For the loss of one ear, forty weeks;
 
15      Loss of use.  Permanent loss of the use of a hand, arm,
 
16 foot, leg, thumb, finger, toe, or phalanx shall be equal to and
 
17 compensated as the loss of a hand, arm, foot, leg, thumb, finger,
 
18 toe, or phalanx;
 
19      Partial loss or loss of use of member named in schedule.
 
20 Where a work injury causes permanent partial disability resulting
 
21 from partial loss of use of a member named in this schedule, and
 
22 where the disability is not otherwise compensated in this
 
23 schedule, compensation shall be paid for a period that stands in
 

 
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 1 the same proportion to the period specified for the total loss or
 
 2 loss of use of the member as the partial loss or loss of use of
 
 3 that member stands to the total loss or loss of use thereof;
 
 4      More than one finger or toe of same hand or foot.  In cases
 
 5 of permanent partial disability resulting from simultaneous
 
 6 injury to the thumb and one or more fingers of one hand, or to
 
 7 two or more fingers of one hand, or to the great toe and one or
 
 8 more toes other than the great toe of one foot, or to two or more
 
 9 toes other than the great toe of one foot, the disability may be
 
10 rated as a partial loss or loss of use of the hand or the foot
 
11 and the period of benefit payments shall be measured accordingly.
 
12 In no case shall the compensation for loss or loss of use of more
 
13 than one finger or toe of the same hand or foot exceed the amount
 
14 provided in this schedule for the loss of a hand or foot;
 
15      Amputation.  Amputation between the elbow and the wrist
 
16 shall be rated as the equivalent of the loss of a hand.
 
17 Amputation between the knee and the ankle shall be rated as the
 
18 equivalent of the loss of a foot.  Amputation at or above the
 
19 elbow shall be rated as the loss of an arm.  Amputation at or
 
20 above the knee shall be rated as the loss of a leg;
 
21      Disfigurement.  In cases of personal injury resulting in
 
22 disfigurement the director may award compensation not to exceed
 
23 $30,000 as the director deems proper and equitable in view of the
 

 
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 1 disfigurement.  Disfigurement shall be separate from other
 
 2 permanent partial disabilities and shall include scarring and
 
 3 other disfiguring consequences caused by medical, surgical, and
 
 4 hospital treatment of the employee;
 
 5      Other cases.  In all other cases of permanent partial
 
 6 disability resulting from the loss or loss of use of a part of
 
 7 the body or from the impairment of any physical function, weekly
 
 8 benefits shall be paid at the rate and subject to the limitations
 
 9 specified in this subsection for a period that bears the same
 
10 relation to a period named in the schedule as the disability
 
11 sustained bears to a comparable disability named in the schedule.
 
12 In cases in which the permanent partial disability must be rated
 
13 as a percentage of the total loss or impairment of a physical or
 
14 mental function of the whole person, the maximum compensation
 
15 shall be computed on the basis of the corresponding percentage of
 
16 the product of three hundred twelve times the effective maximum
 
17 weekly benefit rate prescribed in section 386-31.
 
18      Payment of compensation for permanent partial disability.
 
19 Compensation for permanent partial disability shall be paid in
 
20 weekly installments at the rate of sixty-six and two-thirds per
 
21 cent of the worker's average weekly wage, subject to the
 
22 limitations on weekly benefit rates prescribed in section 386-31.
 
23      Unconditional nature and time of commencement of payment.
 

 
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 1 Compensation for permanent partial disability shall be paid
 
 2 regardless of the earnings of the disabled employee subsequent to
 
 3 the injury.  Payments shall not commence until after termination
 
 4 of any temporary total disability that may be caused by the
 
 5 injury."
 
 6      SECTION 3.  This Act does not affect rights and duties that
 
 7 matured, penalties that were incurred, and proceedings that were
 
 8 begun, before its effective date.
 
 9      SECTION 4.  Statutory material to be repealed is bracketed.
 
10 New statutory material is underscored.
 
11      SECTION 5.  This Act shall take effect upon its approval.
 
12 
 
13 
 
14                         INTRODUCED BY:___________________________
 

 
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