REPORT TITLE:
Workers' Compensation; Fees


DESCRIPTION:
Requires the Director of Labor and Industrial Relations to
approve attorneys fees awarded in workers' compensation claims
comparable to civil litigation.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        3020
THE SENATE                              S.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
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 386-94, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "§386-94  Attorneys, physicians, other health care
 
 4 providers, and other fees.  (a)  Claims for services shall not be
 
 5 valid unless approved by the director or, if an appeal is had, by
 
 6 the appellate board or court deciding the appeal.  The director
 
 7 shall approve attorneys fees in amounts comparable to attorneys
 
 8 fees awarded in civil litigation.  Any claim so approved shall be
 
 9 a lien upon the compensation in the manner and to the extent
 
10 fixed by the director, the appellate board, or the court.
 
11      (b)  Any person who receives any fee, other consideration,
 
12 or gratuity on account of services so rendered, without approval,
 
13 in conformity with the preceding paragraph, shall be fined by the
 
14 director not more than $10,000."
 
15      SECTION 2.  New statutory material is underscored.
 
16      SECTION 3.  This Act shall take effect upon its approval.
 
17 
 
18                       INTRODUCED BY:  ___________________________