Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Consumer Protection and Commerce, to which was referred H.B. No. 1013, H.D. 1, entitled:

begs leave to report as follows:

The purpose of this bill is to reduce the number of unnecessary disputes and expedite resolution of workers' compensation permanent impairment determinations by:

The Consumer Lawyers of Hawaii submitted testimony in support of this bill and suggested an amendment. The Hawaii Insurers Council opposed this bill.

Your Committee finds that currently the process for the selection of permanent impairment examiners is not defined by statute or rule. Consequently, a litigious mood often pervades the selection of medical examiners and the process tends to be lengthy. This bill attempts to streamline the process by requiring opposing parties to agree upon a mutually acceptable examiner, or failing that, allowing the Director of DLIR to appoint an examiner. Your Committee believes that these procedures will reduce delays and costs and result in the appointment of a fair and qualified examiner by agreement of the parties.

Your Committee also recognizes that the examiner appointed by the Director must be appropriately qualified to diagnose the type of impairment being determined. Accordingly, your Committee has amended this bill by:

Finally, your Committee has made a clarifying amendment to clearly restrict the procedure in the bill to examinations to determine permanent impairment. Other technical, nonsubstantive amendments have been made for purposes of clarity and style.

As affirmed by the record of votes of the members of your Committee on Consumer Protection and Commerce that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1013, H.D. 1, as amended herein, and recommends that it be referred to the Committee on Finance in the form attached hereto as H.B. No. 1013, H.D. 2.