Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Labor and Public Employment, to which was referred H.B. No. 1013 entitled:

begs leave to report as follows:

The purpose of this bill is to:

The Consumer Lawyers of Hawaii, ILWU, Local 142, and an attorney testified in support of this measure. The Hawaii Employers' Mutual Insurance Company, Inc., and Hawaii Insurers Council testified in opposition to this measure. DLIR commented on this measure.

Currently, a litigious mood pervades the selection of medical examiners to conduct permanent disability evaluations. Determining the nature and extent of a worker's permanent disability, if any, is usually the final issue to be resolved in a typical workers' compensation claim. This tends to be a lengthy process as "experts" from both the employer and employee present their cases. In an effort to improve the workers' compensation claim process, this measure attempts to make opposing parties agree upon a mutually acceptable examiner, or failing that, the Director of DLIR shall appoint an examiner from a list maintained by the Director of DLIR.

Although your Committee has some concerns regarding this measure, your Committee feels that these concerns would be more appropriately addressed through administrative rules. Accordingly, your Committee has amended this measure by:

As affirmed by the record of votes of the members of your Committee on Labor and Public Employment that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1013, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1013, H.D. 1, and be referred to the Committee on Consumer Protection and Commerce.