REPORT TITLE:
Independent Med Exam


DESCRIPTION:
Requires employer-requested medical examinations for workers'
compensation cases to be performed by a physician selected by
mutual agreement of the parties, or if no agreement, by a
physician appointed by the director of DLIR.  (SD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2589
THE SENATE                              S.B. NO.           S.D. 1
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO INDEPENDENT MEDICAL EXAMINATIONS.


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

 1      SECTION 1.  Section 386-79, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "§386-79  Medical examination by employer's physician.
 
 4 After an injury and during the period of disability, the
 
 5 employee, whenever ordered by the director of labor and
 
 6 industrial relations, shall submit to examination, at reasonable
 
 7 times and places, by a duly qualified physician or surgeon
 
 8 [designated and] paid by the employer[.] and selected by mutual
 
 9 agreement between the claimant and the employer; provided that if
 
10 no mutual agreement is reached, the director, pursuant to
 
11 section 386-80, shall appoint a duly qualified physician or
 
12 surgeon from a rotating list of duly qualified physicians and
 
13 surgeons established and maintained by the department.  The
 
14 employee shall have the right to have a physician or surgeon
 
15 designated and paid by the employee present at the examination,
 
16 which right, however, shall not be construed to deny to the
 
17 employer's physician the right to visit the injured employee at
 
18 all reasonable times and under all reasonable conditions during
 
19 total disability.
 
20      If an employee refuses to submit to, or in any way obstructs
 

 
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                                     S.B. NO.           S.D. 1
                                                        
                                                        

 
 1 such examination, the employee's right to claim compensation for
 
 2 the work injury shall be suspended until the refusal or
 
 3 obstruction ceases and no compensation shall be payable for the
 
 4 period during which the refusal or obstruction continues.
 
 5      In cases where the employer is dissatisfied with the
 
 6 progress of the case or where major and elective surgery, or
 
 7 either, is contemplated, the employer may appoint a physician or
 
 8 surgeon of the employer's choice who shall examine the injured
 
 9 employee and make a report to the employer.  If the employer
 
10 remains dissatisfied, this report may be forwarded to the
 
11 director.
 
12      Employer requested examinations under this section shall not
 
13 exceed more than one per case unless good and valid reasons exist
 
14 with regard to the medical progress of the employee's treatment.
 
15 The cost of conducting the ordered medical examination shall be
 
16 limited to the complex consultation charges governed by the
 
17 medical fee schedule established pursuant to section 386-21(c)."
 
18      SECTION 2.  Statutory material to be repealed is bracketed.
 
19 New statutory material is underscored.
 
20      SECTION 3.  This Act shall take effect upon its approval.