STAND. COM. REP. NO.  605-08

Honolulu, Hawaii

                , 2008

RE:   H.B. No. 2017

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fourth State Legislature

Regular Session of 2008

State of Hawaii

Sir:

     Your Committee on Labor & Public Employment, to which was referred H.B. No. 2017 entitled:

"A BILL FOR AN ACT RELATING TO VOCATIONAL REHABILITATION,"

begs leave to report as follows:

     The purpose of this bill is to amend the workers' compensation law to require that a vocational rehabilitation provider first determine if modified or other work suitable for gainful employment with the employee's present employer is available before pursuing employment opportunities with another employer or providing training to obtain employment in another occupational field.

     The Department of Labor and Industrial Relations (DLIR), Hawaii State AFL-CIO, Hawaii Government Employees Association, ILWU Local 142, the International Association of Rehabilitation Professionals, and Vocational Management Consultants, Inc., testified in support of this measure.

     Act 11, Special Session Laws of 2005, codified DLIR's administrative rule Section 12-14-5 relating to vocational rehabilitation within Section 386-25, Hawaii Revised Statutes.  In doing so, the logical first step of trying to place an injured worker in a position within their company of present employment was omitted.  This measure corrects this oversight and will allow employees who are injured at work to remain employed with the same employer.

     As affirmed by the record of votes of the members of your Committee on Labor & Public Employment that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2017 and recommends that it pass Second Reading and be referred to the Committee on Finance.

Respectfully submitted on behalf of the members of the Committee on Labor & Public Employment,

____________________________

ALEX M. SONSON, Chair