REPORT TITLE:
Workers' Compensation


DESCRIPTION:
Excludes from workers' compensation coverage psychological or
stress-related injuries resulting from good faith personnel
actions and removes reference to just cause or other exceptions
to the good faith standard in current statute.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           721
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 mental injury or illness proximately caused by a
 
15 disciplinary action, counseling, work evaluation or criticism,
 
16 job transfer, lay-off, demotion, suspension, termination,
 
17 retirement, or other action associated ordinarily with personnel
 
18 administration; provided that nothing in this subsection shall be
 
19 construed to limit the development of the common law or to
 

 
Page 2                                                     
                                     S.B. NO.           721
                                                        
                                                        

 
 1 preempt any common law right or remedy as it may pertain to
 
 2 intentionally inflicted mental injury."
 
 3      SECTION 2.  Statutory material to be repealed is bracketed.
 
 4 New statutory material is underscored.
 
 5      SECTION 3.  This Act shall take effect upon its approval.
 
 6 
 
 7                              INTRODUCED BY:______________________