Report Title:

Workers' Compensation

Description:

Disallows workers' compensation benefits for the exacerbation of injuries sustained during after work, voluntary recreational, or social activities.

HOUSE OF REPRESENTATIVES	H.B. NO.	607
TWENTY-FIFTH LEGISLATURE, 2009
STATE OF HAWAII

A BILL FOR AN ACT

relating to workers' compensation.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Section 386-3, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  No compensation shall be allowed for [an]:

(1) An injury incurred by an employee by the employee's wilful intention to injure [oneself] the employee or another by actively engaging in any unprovoked non-work related physical altercation other than in self defense, or by the employee's intoxication[.]; or

(2) The exacerbation of an existing, work-related injury covered under this chapter through voluntary participation in any recreational or social activity that is not approved by an attending physician and that takes place after regular work hours, including employer-sponsored sporting events, team activities, parties, and picnics.  The attending physician shall provide guidelines to a patient regarding approved activities to prevent exacerbation of a work-related injury; provided that failure of the attending physician to provide guidelines shall not be the sole reason for denying compensation under this chapter."

     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  Statutory material to be repealed is bracketed and stricken.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:

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