CONFERENCE COMMITTEE REP. NO. 191

Honolulu, Hawaii

                 , 2017

RE:    S.B. No. 859

       S.D. 1

       H.D. 1

       C.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Twenty-Ninth State Legislature

Regular Session of 2017

State of Hawaii

Honorable Joseph M. Souki

Speaker, House of Representatives

Twenty-Ninth State Legislature

Regular Session of 2017

State of Hawaii

Sirs:

     Your Committee on Conference on the disagreeing vote of the Senate to the amendments proposed by the House of Representatives in S.B. No. 859, S.D. 1, H.D. 1, entitled:

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

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

     The purpose of this measure is to:

     (1)  Grant an employee the right to have a chaperone present during an independent medical examination relating to a work injury for workers' compensation purposes;

     (2)  Grant an employee the right to use a recording device during the medical examination, subject to certain conditions; and

     (3)  Specify that if the employee or employee's designated chaperone obstructs the examination, the employee's right to compensation shall be suspended until the obstruction ceases.

     Your Committee on Conference finds that efforts to ensure that the independent medical examination physician who examines a work injury under the workers' compensation system is truly independent serve to minimize or even eliminate negative perceptions about the examiner, providing greater assurance that the examination will be conducted fairly.

     Your Committee on Conference has amended this measure by making it effective upon its approval; provided that on June 30, 2019, this measure shall be repealed and section 386-79, Hawaii Revised Statutes, shall be reenacted in the form in which it read on the day before the effective date of this measure.

     As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of S.B. No. 859, S.D. 1, H.D. 1, as amended herein, and recommends that it pass Final Reading in the form attached hereto as S.B. No. 859, S.D. 1, H.D. 1, C.D. 1.

Respectfully submitted on behalf of the managers:

ON THE PART OF THE HOUSE

ON THE PART OF THE SENATE

____________________________ AARON LING JOHANSON Co-Chair	____________________________ GILBERT S.C. KEITH-AGARAN Chair
____________________________ TY J.K. CULLEN Co-Chair