STAND. COM. REP. NO.  538

Honolulu, Hawaii

                , 2011

RE:   H.B. No. 466

      H.D. 2

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Sixth State Legislature

Regular Session of 2011

State of Hawaii

Sir:

     Your Committee on Consumer Protection & Commerce, to which was referred H.B. No. 466, H.D. 1, entitled:

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

begs leave to report as follows:

     The purpose of this bill is to require independent medical examinations and permanent impairment rating examinations for workers' compensation claims to be performed by physicians mutually agreed upon by employers and employees or appointed by the Director of Labor and Industrial Relations.

     The Department of Labor and Industrial Relations, Hawaii Injured Workers Alliance, Hawaii State AFL-CIO, ILWU Local 142, International Association of Rehabilitation Professionals - Hawaii Chapter, Hawaii Chapter – American Physical Therapy Association, and numerous concerned individuals testified in support of this bill.

     The City and County of Honolulu; the Building Industry Association of Hawaii; The Chamber of Commerce of Hawaii; Hawaiian Electric Co. Inc.; Maui Electric Company, LTD.; Hawaii Electric Light Company, Inc.; Property Casualty Insurers Association of America; John Mullen & Co., Inc.; the Society for Human Resource Management – Hawaii Chapter; Hawaii Insurers Council; Hawaii Employers' Mutual Insurance Company, Inc.; Liberty Mutual; Hawaii Independent Insurance Agents Association; the General Contractors Association of Hawaii; National Federation of Independent Business; and a concerned individual opposed this measure.

     Your Committee has amended this bill by changing its effective date to January 1, 2050, to encourage further discussion.

     As affirmed by the record of votes of the members of your Committee on Consumer Protection & Commerce that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 466, H.D. 1, as amended herein, and recommends that it be referred to the Committee on Finance in the form attached hereto as H.B. No. 466, H.D. 2.

Respectfully submitted on behalf of the members of the Committee on Consumer Protection & Commerce,

____________________________

ROBERT N. HERKES, Chair