Requires examination by an employer's physician when ordered by the director of labor and industrial relations. Requires the employer to reimburse the employee for lost wages or expenses in relation to the examination. Provides for due process for the suspension or discontinuance of benefits and imposes penalties.

A BILL FOR AN ACT

SECTION 1. Section 386-79, Hawaii Revised Statutes, is amended to read as follows:

"§386-79 Medical examination by employer's physician. After an injury and during the period of disability, the employee, whenever ordered by the director of labor and industrial relations, shall submit to examination, at reasonable times and places, by a duly qualified physician or surgeon designated and paid by the employer. The employee shall have the right to have a physician or surgeon designated and paid by the employee present at the examination, which right, however, shall not be construed to deny to the employer's physician the right to visit the injured employee at all reasonable times and under all reasonable conditions during total disability. No physician selected by the employer pursuant to this section shall conduct an impairment examination for permanent partial disability or permanent total disability unless the physician is agreed to by the employee.

An order to attend such an examination shall only be issued by the director. The employee so ordered shall be contacted in advance of the order to arrange the reasonable time and place for the examination. The employer shall reimburse the employee for any lost wages or expenses incurred in attending such an examination.

If an employee unreasonably refuses to submit to, or in any way obstructs such examination, the employee's right to claim compensation for the work injury [shall] may, upon order of the director, be suspended until the refusal or obstruction ceases and no compensation shall be payable for the period during which the refusal or obstruction continues.

In cases where the employer is dissatisfied with the progress of the case or where major and elective surgery, or either, is contemplated, the employer may appoint a physician or surgeon of the employer's choice who shall examine the injured employee and make a report to the employer. If the employer remains dissatisfied, this report may be forwarded to the director. In no case shall an employer suspend or discontinue benefits to an injured employee without an order from the director, which order shall not be issued until after a full and fair hearing at which the injured employee is given ample opportunity to review the employer's evidence and present rebuttal.

Employer requested examinations under this section shall not exceed more than one per case unless good and valid reasons [exist] with regard to the medical progress of the employee's treatment[.] are found to exist as determined by the director after a hearing, and unless selection of the examining physician is acceptable to the injured worker. The cost of conducting the ordered medical examination shall be limited to the complex consultation charges governed by the medical fee schedule established pursuant to section 386-21(c).

If the employee is dissatisfied with the findings or report prepared by the employer-selected physician that was based upon the examination the employee was ordered to attend pursuant to this section, the employee shall be permitted to submit to an examination and have a separate report prepared by a physician selected by the employee. The examination conducted by the employee-selected physician shall be paid by the employer at the same rate as provided for the employer-selected physician.

Any employer or insurer found in violation of this section shall pay a fine of $500 per violation to the injured employee, plus attorney's fees and costs to the employee for enforcing this section in addition to the other penalties prescribed in section 386-92."

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.