REPORT TITLE:
Workers' Compensation


DESCRIPTION:
Clarifies that injuries incurred while an employee is intoxicated
or under the influence of a controlled substance shall not be
compensable under workers' compensation.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           150
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 (b) to read as follows:
 
 3      "(b)  No compensation shall be allowed for an injury
 
 4 incurred by an employee [by the employee's wilful intention] if
 
 5 the employee:
 
 6      (1)  Wilfully intended to injure oneself or another [by
 
 7           actively engaging];
 
 8      (2)  Actively engaged in any unprovoked non-work related
 
 9           physical altercation other than in self defense[, or by
 
10           the employee's intoxication.]; or
 
11      (3)  Was intoxicated, or under the influence of any
 
12           controlled substance subject to chapter 329 not
 
13           prescribed by a licensed physician, or both, at the
 
14           time of the employee's injury."
 
15      SECTION 2.  This Act does not affect rights and duties that
 
16 matured, penalties that were incurred, and proceedings that were
 
17 begun, before its effective date.
 
18      SECTION 3.  Statutory material to be repealed is bracketed.
 

 
Page 2                                                     
                                     S.B. NO.           150
                                                        
                                                        

 
 1 New statutory material is underscored.
 
 2      SECTION 4.  This Act shall take effect upon its approval.
 
 3 
 
 4                              INTRODUCED BY:______________________