Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Labor, to which was referred H.B. No. 1013, H.D. 3, entitled:

begs leave to report as follows:

The purpose of this measure is to require employer-requested medical examinations in workers' compensation cases for the determination of permanent impairment to be performed by a physician mutually agreed upon by the parties.

This measure also provides that if the parties cannot agree on a physician, the examination shall be conducted by a physician appointed by the Director of Labor and Industrial Relations.

Three attorneys submitted testimony in support of the measure. The Department of Labor and Industrial Relations, the Chamber of Commerce of Hawaii, the Hawaii Medical Association, the Hawaii Insurers Council, the Consumer Lawyers of Hawaii, the Hawaii Employers' Mutual Insurance Company, the Society for Human Resource Management, the ILWU Local 142, and a physician submitted testimony in opposition to this measure.

Your Committee finds that currently there is no statutory provision that addresses the selection of a physician to conduct a permanent impairment examination. The practice has been for the parties to work towards agreement on an examiner in an effort to thwart any unnecessary delay in the process due to subsequent objections. Your Committee believes that the codification of this practice of requiring the parties to mutually agree on an examiner will ensure the utilization of a fair and competent physician, as well as reduce delay and costs and promote efficiency within the system.

Your Committee has amended this measure by removing the requirement that the list of qualified examiners be categorized by the examiner's specialty of practice and by making technical, nonsubstantive changes for purposes of clarity, consistency, and style.

As affirmed by the record of votes of the members of your Committee on Labor that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1013, H.D. 3, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1013, H.D. 3, S.D. 1, and be referred to the Committee on Ways and Means.