Report Title:
Work Comp; PTD
Description:
Restates weekly benefit rate for permanent total disability benefits to eliminate ceiling of state average weekly wage.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1609 |
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TWENTY-THIRD LEGISLATURE, 2005 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO TOTAL DISABILITY PAYMENTS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 386-31, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Permanent total disability. Where a work injury causes permanent total disability the employer shall pay the injured employee a weekly benefit equal to sixty-six and two-thirds per cent of the employee's average weekly wages, subject to the following limitation:
Beginning January 1, [1975,] 2006, and during each succeeding twelve-month period thereafter, not [more than the state average weekly wage last determined by the director, rounded to the nearest dollar, nor] less than $38 or twenty-five per cent of the [foregoing maximum amount,] state average weekly wage last determined by the director, rounded to the nearest dollar, whichever is higher.
In the case of the following injuries, the disability caused thereby shall be deemed permanent and total:
(1) The permanent and total loss of sight in both eyes;
(2) The loss of both feet at or before the ankle;
(3) The loss of both hands at or above the wrist;
(4) The loss of one hand and one foot;
(5) An injury to the spine resulting in permanent and complete paralysis of both legs or both arms or one leg and one arm;
(6) An injury to the skull resulting in incurable imbecility or insanity.
In all other cases the permanency and totality of the disability shall be determined on the facts. No adjudication of permanent total disability shall be made until after two weeks from the date of the injury."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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