STAND. COM. REP. NO.  586

Honolulu, Hawaii

                , 2013

RE:   H.B. No. 436

      H.D. 1

Honorable Joseph M. Souki

Speaker, House of Representatives

Twenty-Seventh State Legislature

Regular Session of 2013

State of Hawaii

Sir:

     Your Committee on Finance, to which was referred H.B. No. 436, H.D. 1, entitled:

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

begs leave to report as follows:

The purpose of this measure is to require that physicians who are appointed by the Director of Labor and Industrial Relations to examine injured employees, specialize in a field of medicine appropriate for an employee's injury.

Your Committee received testimony in support of this measure from the Department of Labor and Industrial Relations; ILWU Local 142; Hawaii State AFL-CIO; United Public Workers AFSCME, Local 646, AFL-CIO; and one concerned physician.  The Property Casualty Insurers Association of America submitted testimony in opposition to this measure.  Your Committee received comments on this measure from the Department of Human Resources Development and the Hawaii Injured Workers Association.

Your Committee finds that an evaluation of an injured employee by a physician who lacks the specialized knowledge and training in an area appropriate to the employee's injury may result in a delay in necessary treatment of the injured employee or an unsatisfactory outcome of the workers' compensation claim.   This measure, however, will ensure that a claimant receives an appropriate medical examination that contributes to a prompt resolution of the employee's injury, which will benefit both the injured employee and employer.

     As affirmed by the record of votes of the members of your Committee on Finance that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 436, H.D. 1, and recommends that it pass Third Reading.

Respectfully submitted on behalf of the members of the Committee on Finance,

____________________________

SYLVIA LUKE, Chair