Report Title:
Stress Related Workers' Compensation
Description:
Disallows stress caused from the disciplinary action of an employer on an employee and injury sustained while under the influence of any controlled substance not prescribed by a physician as compensable injuries under workers' compensation insurance.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1492 |
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TWENTY-FIRST LEGISLATURE, 2001 |
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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:
SECTION 1. Section 386-3, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) No compensation shall be allowed for an injury incurred by an employee [by the employee's wilful intention] if:
(1) The employee wilfully intended to injure oneself or another [by actively engaging];
(2) The employee actively engaged in any unprovoked non- work related physical altercation other than in self defense[, or by the employee's intoxication.];
(3) The employee was intoxicated, or under the influence of any controlled substance subject to chapter 329 not prescribed by a licensed physician, or both, at the time of the employee's injury; or
(4) The injury is a work-related mental injury that was a direct consequence of a lawful personnel decision involving a disciplinary action, work evaluation, job transfer, layoff, demotion, termination, or any other similar personnel action."
SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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