STAND. COM. REP. NO. 3274

Honolulu, Hawaii

RE:    H.B. No. 2099

       H.D. 1

       S.D. 1

Honorable Shan S. Tsutsui

President of the Senate

Twenty-Sixth State Legislature

Regular Session of 2012

State of Hawaii

Sir:

     Your Committee on Ways and Means, to which was referred H.B. No. 2099, H.D. 1, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO WORKERS' COMPENSATION,"

begs leave to report as follows:

     The purpose and intent of this measure is to clarify that attorney's fees may be included in costs that may be assessed against a party who brings, prosecutes, or defends a workers' compensation claim without reasonable ground.

     Your Committee received written comments in support of this measure from the Department of Labor and Industrial Relations, Hawaii State Chiropractic Association, ILWU Local 142, and two individuals.

     Your Committee received written comments on this measure from the Hawaii Insurers Council.

     Your Committee finds that current law allows for the whole costs of workers' compensation proceedings to be assessed against the party who has brought, prosecuted, or defended the proceedings without reasonable ground.  By expressly allowing attorney's fees to be awarded as part of these costs, this measure will help deter baseless claims and appeals in workers' compensation proceedings.

     As affirmed by the record of votes of the members of your Committee on Ways and Means that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2099, H.D. 1, S.D. 1, and recommends that it pass Third Reading.

Respectfully submitted on behalf of the members of the Committee on Ways and Means,

____________________________

DAVID Y. IGE, Chair