Bill Text: HI HB464 | 2011 | Regular Session | Amended
Bill Title: Workers' Compensation; Claim Proceedings; Employer Report
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-02-08 - (H) Passed Second Reading as amended in HD 1 and referred to the committee(s) on CPC with none voting no (0) and none excused (0). [HB464 Detail]
Download: Hawaii-2011-HB464-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
464 |
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TWENTY-SIXTH LEGISLATURE, 2011 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO WORKERS' COMPENSATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 386-86, Hawaii Revised Statutes, is amended to read as follows:
"§386-86 Proceedings upon claim;
hearings. (a) If a claim for compensation is made, the director shall [make
such further investigation as deemed necessary] investigate the facts
surrounding the claim and render a decision in writing within sixty
days after the conclusion of the hearing awarding or denying compensation,
stating the findings of fact and conclusions of law. The director may extend
the due date for decisions for good cause provided all parties agree. The
decision shall be filed with the record of the proceedings and a copy of the
decision shall be sent immediately to each party.
(b) When the employer denies compensability or indicates compensability is not accepted, the employer, within thirty calendar days of the employer's denial of, or indication to not accept, compensability, which includes the period of time that the employer is conducting any internal investigation, shall submit a written report to the director and the claimant that describes the employer's internal investigation and supporting details that substantiate the employer's denial of, or indication to not accept, compensability. The due date for the employer's written report shall not be extended.
[(b)] (c) The hearing shall be
informal and shall afford the parties a full and fair opportunity to present
the facts and evidence to be considered. Hearings under this section shall not
be subject to chapter 91. No stenographic or tape recording shall be allowed.
[(c)] (d) The order of
presentation shall not alter the burden of proof, including the burden of
producing evidence and the burden of persuasion. The party or parties who bear
these burdens shall be determined by law consistent with the purposes of this
section.
[(d) Should] (e) If the injured
employee or injured employee's representative, or the employer or employer's
representative fail to appear at the hearing, the director may issue a decision
based on the information on file. The decision shall be final unless appealed
pursuant to section 386-87. In all other circumstances, a decision shall not
be rendered by the director without a hearing, which may not be waived by the
parties.
[(e)] (f) For the purpose of
obtaining any matter, not privileged, which is relevant to the subject matter
involved in the pending action, the director, upon application and for good
cause shown, may order the taking of relevant testimony by deposition, upon
oral examination, or written interrogatories, or by other means of discovery in
the manner and effect prescribed by the Hawaii rules of civil procedure;
provided that when the claimant's deposition is taken, the employer shall pay
for the cost to the claimant of attending the deposition, any costs associated
with having the deposition transcribed and copied, and any and all reasonable
attorney's fees and costs incurred by the claimant with respect to the
deposition.
[(f)] (g) Subpoenas requiring
the attendance of witnesses at a hearing before a hearings officer or for the taking
of a deposition or the production of documentary evidence from any place within
the State at any designated place of hearing may be issued by the director or a
duly authorized representative. The employer shall serve a claimant with a
copy of a medical record subpoena unless the employer has previously obtained
the claimant's authorization to examine the claimant's medical records. Should
the claimant subpoena medical records, the employer shall be served a copy.
The party subpoenaing the records shall provide these records within fifteen
calendar days of their receipt to the employer, claimant, and the special
compensation fund if a joinder has been filed, or their representatives. These
records shall be submitted by the party requesting the subpoena to the director
within seven calendar days of the date of the notice of hearing or upon request
by the director. A party who desires to enforce the director's subpoena shall
seek enforcement from a court of competent jurisdiction."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect on January 1, 2095.
Report Title:
Workers' Compensation; Claim Proceedings; Employer Report
Description:
Requires an employer who denies a workers' compensation claim, or indicates compensability is not accepted, to submit a written report to the Department of Labor and Industrial Relations and the claimant that describes the employer's investigation of the claim. Effective January 1, 2095. (HB464 HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
