STAND. COM. REP. 1000
Honolulu, Hawaii
, 2003
RE: S.B. No. 1070
H.D. 1
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 S.B. No. 1070, H.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO EXAMINATIONS FOR THE DETERMINATION OF PERMANENT IMPAIRMENT,"
begs leave to report as follows:
The purpose of this bill is to expedite resolution of workers' compensation permanent impairment determinations by:
(1) Requiring that examinations performed solely to determine permanent impairment in workers' compensation cases be performed by a physician who has been mutually agreed upon by both the employer and employee;
(2) In cases where the employer and employee do not agree, requiring the Director of Labor and Industrial Relations (DLIR) to appoint a physician from a list of qualified examiners, categorized and selected by specialty of practice;
(3) Requiring the cost of examinations to be borne by the employer; and
(4) Authorizing the Director of DLIR to adopt rules under chapter 91, Hawaii Revised Statutes, to effectuate the purposes of this bill.
ILWU Local 142, Consumer Lawyers of Hawaii, and several concerned individuals submitted testimony in support of this bill. DLIR, The Chamber of Commerce of Hawaii, Hawaii Insurers Council, and Hawaii Employers' Mutual Insurance Company, Inc., opposed this bill.
There is no statutory provision or administrative rule that sets forth procedures for the selection of a physician to conduct a permanent impairment evaluation. Your Committee believes that the procedures in this bill will reduce delays and costs and result in the appointment of a fair and qualified examiner by agreement of the parties.
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 S.B. No. 1070, H.D. 1, and recommends that it be referred to the Committee on Finance.
Respectfully submitted on behalf of the members of the Committee on Consumer Protection and Commerce,
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____________________________ KENNETH T. HIRAKI, Chair |
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