HB2929

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.

If an employee refuses to submit to, or in any way obstructs such examination, the employee's right to claim compensation for the work injury shall 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.

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. 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).] After an injury and during the period of disability, where the employer is dissatisfied with the progress of the case or where major or elective surgery, or both, is contemplated, the employer upon mutual agreement of the parties may appoint a physician who shall examine the injured employee and make a report to the employer, and the report may constitute substantial evidence. If the employer remains dissatisfied, this report may be forwarded to the director.

In the event that the parties cannot by mutual agreement appoint a physician, the employer may request that the director, from the director's list of physicians, designate three physicians who agree to be subject to peer review and to abide by fair, impartial, and ethical examination and reporting standards in examining an injured employee for the appropriate injury, provided that the examination shall proceed from the following procedures:

(1) The employer shall request in writing that the director designate three physicians who the director deems are appropriate for the subject injury to examine the injured employee;

(2) Within ten calendar days from the director's receipt of the request, the director shall designate in order three physicians from the director's approved rotating list whom the director deems appropriate to examine the injured employee for the subject injury, and shall notify the employer and injured employee;

(3) Within five days from the receipt of the notice of the designations from the director, the employer shall schedule an examination of the injured employee to be conducted by the physician designated at the top of the order; provided further that the examination shall be scheduled to be conducted not later than thirty days from the date that the director designates the three physicians;

(4) In the event that the physician designated at the top of the order is unable to examine the injured employee, the employer shall schedule the examination of the injured employee to be conducted by the physician designated second from the top of the order; and

(5) In the event that the physician designated second from the top of the order is unable to examine the injured employee, the employer shall schedule the examination of the injured employee to be conducted by the physician designated third from the top of the order.

After utilizing the foregoing procedures, if the employer remains dissatisfied, 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 designated and paid by the employer. The employee shall have the right to have a physician 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. 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.

If an employee unreasonably refuses to submit to, or in any way unreasonably obstructs an examination, the employee's right to claim compensation for the work injury shall be suspended until the unreasonable refusal or obstruction ceases and no compensation shall be payable for the period during which the refusal or obstruction continues. 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)."

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.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	2929
TWENTY-FOURTH LEGISLATURE, 2008
STATE OF HAWAII