REPORT TITLE:
Workers' Compensation


DESCRIPTION:
Clarifies that the appellate board may order deductions or
reimbursements to credit an employer for payments made by the
employer to an injured employee which were not payable at the
time when made.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           722
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 386-52, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "§386-52  Credit for [voluntary] payments and supplies in
 
 4 kind.(a)  Any payments made by the employer to the injured
 
 5 employee [during the employee's disability] or to the employee's
 
 6 dependents which by the terms of this chapter were not payable
 
 7 when made, shall be deducted from the amount payable as
 
 8 compensation subject to the approval of the director[;] or the
 
 9 appellate board, as applicable; provided that:
 
10      (1)  The employer notifies the injured employee and the
 
11           director or the appellate board, as applicable, in
 
12           writing of any such credit request stating the reasons
 
13           for such credit and informing the injured employee that
 
14           the employee has the right to file a written request
 
15           for a hearing to submit any evidence to dispute such a
 
16           credit;
 
17      (2)  The deduction shall be made by shortening the period
 
18           during which the compensation must be paid, or by
 
19           reducing the total amount for which the employer is
 
20           liable and not the amount of weekly benefits;
 

 
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 1      (3)  If overpayment cannot be credited, the director or the
 
 2           appellate board, as applicable, shall order the
 
 3           claimant to reimburse the employer.  Failure to
 
 4           reimburse the employer shall entitle the employer to
 
 5           file for enforcement of such a decision in accordance
 
 6           with section 386-91.
 
 7      (b)  If the employer continues to furnish to the injured
 
 8 employee[, during the employee's disability,] or to the
 
 9 employee's dependents, during their entitlement to weekly
 
10 benefits, board, lodging, fuel, and other advantages the value of
 
11 which has been included in the calculation of wages as provided
 
12 in section 386-1, the furnishing of [such] the advantages may be
 
13 considered as payment in kind of that portion of the compensation
 
14 which is based on [such] the remuneration in kind; but if at any
 
15 time during the compensation period the employer ceases to
 
16 furnish [such] the advantages, no further deduction of the value
 
17 of [such] the advantages as payment in kind from the compensation
 
18 shall be permissible."
 
19      SECTION 2.  Statutory material to be repealed is bracketed.
 
20 New statutory material is underscored.
 
21      SECTION 3.  This Act shall take effect upon its approval.
 
22 
 
23                           INTRODUCED BY:  _______________________
 

 
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