STAND. COM. REP. NO. 1907

Honolulu, Hawaii

RE: H.B. No. 390

H.D. 1

S.D. 2

Honorable Ronald D. Kouchi

President of the Senate

Thirtieth State Legislature

Regular Session of 2019

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred H.B. No. 390, 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 make permanent Act 172, Session Laws of Hawaii 2017, which grants employees the right to have a chaperone present during a medical examination relating to a workers' compensation work injury and, with the approval of the examining physician or surgeon, to record the examination.  This measure also provides that if an employee or employee's chaperone obstructs the medical examination, the employee's right to worker's compensation shall be suspended until the refusal or obstruction ceases.

Your Committee received testimony in support of this measure from the Department of Labor and Industrial Relations, ILWU Local 142, and Work Injury Medical Association of Hawaii.

Your Committee finds that the workers' compensation system is often adversarial in nature, has the potential to result in significant financial consequences, and is often stressful and intimidating for injured employees. Your Committee further finds that the presence of a chaperone during workers' compensation independent medical examinations improves transparency and allows the injured employee to more effectively seek a second opinion or consult the employee's primary physician. This measure makes permanent the law that allows employees the right to have a chaperone present and to record the independent medical examination.

Your Committee has amended this measure by inserting an effective date of June 29, 2019.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 390, H.D. 1, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 390, H.D. 1, S.D. 2.

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

________________________________

KARL RHOADS, Chair