Bill Text: HI SB2339 | 2010 | Regular Session | Amended
Bill Title: Proceedings; Investigation; Decision Due Date; Worker Claim
Spectrum: Partisan Bill (Democrat 10-0)
Status: (Engrossed - Dead) 2010-03-11 - (H) Passed Second Reading and referred to the committee(s) on JUD with none voting no (0) and Berg, McKelvey, Souki, Takumi, Tokioka excused (5). [SB2339 Detail]
Download: Hawaii-2010-SB2339-Amended.html
STAND. COM. REP. NO. 2497
Honolulu, Hawaii
RE: S.B. No. 2339
S.D. 1
Honorable Colleen Hanabusa
President of the Senate
Twenty-Fifth State Legislature
Regular Session of 2010
State of Hawaii
Madam:
Your Committee on Labor, to which was referred S.B. No. 2339 entitled:
"A BILL FOR AN ACT RELATING TO WORKERS' COMPENSATION,"
begs leave to report as follows:
The purpose of this measure is to repeal the possibility of the Director of Labor and Industrial Relations extending the due date for written decisions on the outcome of a worker compensation claim.
Testimony in support of this measure was submitted by two private organizations and three individuals. Testimony in opposition of this measure was submitted by two state agencies and one private organization. Written testimony presented to the Committee may be reviewed on the Legislature's website.
Your Committee finds that allowing the Director of Labor and Industrial Relations the ability to effectively delay a decision on a worker's compensation claim for several months creates an undue hardship on the claimant, especially when the claimant is unable to financially support their household and livelihood. Your Committee also finds that it is beneficial to all parties involved, and especially imperative to an injured worker, that a compensation claim is administratively handled in an efficient manner as possible in reaching a prompt and reasonable resolution to the claim.
Your Committee has amended this measure by:
(1) Requiring that within thirty days of an employer's denial, or indication of non-acceptance of compensability, the employer shall submit a written report to the Director of Labor and Industrial Relations and the claimant that describes the employer's internal investigation and supporting details that substantiate the denial or indication of non-acceptance;
(2) Prohibiting the due date for the employer's foregoing written report to be extended; and
(3) Restoring existing statutory language that allows the Director of Labor and Industrial Relations to extend the due date for decision or compensation claims for good cause and upon the agreement of all parties.
As affirmed by the record of votes of the members of your Committee on Labor that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2339, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2339, S.D. 1, and be placed on the calendar for Third Reading.
Respectfully submitted on behalf of the members of the Committee on Labor,
|
|
|
____________________________ DWIGHT Y. TAKAMINE, Chair |
|
|
|
|
