STAND. COM. REP. NO. 782-04
Honolulu, Hawaii
, 2004
RE: S.B. No. 1638
H.D. 1
Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twenty-Second State Legislature
Regular Session of 2004
State of Hawaii
Sir:
Your Committee on Labor and Public Employment, to which was referred S.B. No. 1638 entitled:
"A BILL FOR AN ACT RELATING TO COSTS OF PROCEEDINGS IN WORKERS' COMPENSATION APPEALS,"
begs leave to report as follows:
The purpose of this bill is to clarify laws pertaining to workers' compensation appeals by:
(1) Authorizing the Labor and Industrial Relations Appeals Board (Board) and the Supreme Court to assess the costs of proceedings and reasonable attorney's fees against the employer if the employer loses an appeal brought by an employee; and
(2) Setting standards for the Board and the Supreme Court to use in determining assessments against the employer.
The ILWU, Local 142, and a concerned individual testified in support of this bill. The Department of Human Resources Development, Department of Labor and Industrial Relations, Hawaii Insurers Council, Society for Human Resource Management, and the Chamber of Commerce of Hawaii opposed this measure.
Your Committee finds that this measure should be advanced for further discussion and has amended this bill by:
(1) Authorizing the Supreme Court or the Board to award reasonable attorney's fees and costs to the prevailing party in an appeal brought by an employee;
(2) Changing the effective date to February 31, 3004; and
(3) Making technical, nonsubstantive amendments for clarity, consistency, and style.
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 S.B. No. 1638, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1638, H.D. 1, and be referred to the Committee on Judiciary.
Respectfully submitted on behalf of the members of the Committee on Labor and Public Employment,
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____________________________ MARCUS R. OSHIRO, Chair |
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