THE SENATE	S.B. NO.	2804
TWENTY-NINTH LEGISLATURE, 2018
STATE OF HAWAII

A BILL FOR AN ACT

 

 

RELATING TO WORKERS' COMPENSATION.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  Section 386-25, Hawaii Revised Statutes, is amended by amending subsections (e) and (f) to read as follows:

     "(e)  A provider shall file the employee's plan with the approval of the employee.  Upon receipt of the plan from the provider, an employee shall have ten days to review and sign the plan.  The plan shall be submitted to the employer and the employee and be filed with the director within two days from the date of the employee's signature.  A plan shall include a statement of the feasibility of the vocational goal, using the process of:

     (1)  First determining if the employee's usual and customary employment represents suitable gainful employment, and, should it not;

     (2)  Next determining if modified work or other work with the same employer represents suitable gainful employment, and, should it not;

     (3)  Next determining if modified or other employment with a different employer represents suitable gainful employment, and finally, should it not;

     (4)  Then providing training to obtain employment in another occupational field.  When training to obtain employment in another occupational field is required, the first appropriate option among the following must be selected for the worker:

          (A)  On-the-job training;

          (B)  Short-term retraining program (less than fifty-two weeks);

          (C)  Long-term retraining program (more than fifty-two weeks but not more than two years); and

     (5)  Lastly, if training under paragraph (4) is not feasible, then self-employment may be considered.

     (f)  A plan may be approved by the director; provided the plan includes:

     (1)  A physician's assessment of the employee's physical limitations, psychological limitations, and ability to return to work.  If this information is not provided by the treating physician within a reasonable amount of time, information from another physician shall be accepted;

     (2)  A labor market survey indicating there are reasonable assurances that the proposed occupation for which the employee is to be placed or trained is readily available in the community when placement begins, or there are assurances of reemployment by the employer;

     (3)  A job analysis of the proposed occupation, setting forth its duties, responsibilities, physical demands, environmental working conditions, specific qualifications needed for entry-level employment, reasonable accommodations, expected estimated earnings, and other relevant information;

     (4)  The nature and extent of the vocational rehabilitation services to be provided, including:

          (A)  Specific services to be provided;

          (B)  Justification for the necessity of the services;

          (C)  Estimated time frames for delivery of services[;] not to exceed two years;

          (D)  The manner in which the effectiveness of these services is to be measured;

          (E)  Criteria for determining successful completion of the vocational rehabilitation plan; and

          (F)  The employee's responsibilities;

     (5)  A report of tests and copies thereof that have been administered to the employee, including a statement regarding the need for and use of the tests to identify a vocational goal;

     (6)  If retraining, including on-the-job training, is found to be necessary, the estimated cost of retraining, a description of specific skills to be learned or knowledge acquired with specific time periods and clearly defined measurements of success, and the nature, amount, and duration of living expenses;

     (7)  The total cost of the plan; and

     (8)  The employee's approval of the plan."

     SECTION 2.  Section 386-71.5, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§386-71.5[]]  Rehabilitation unit.  There is established within the department of labor and industrial relations a rehabilitation unit.  All professional and clerical employees of this unit shall be appointed and administered by the director.  The rehabilitation unit shall have the duties and responsibilities provided in section 386-25.  Employees of the unit shall be subject to chapter 76.″

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________
	BY REQUEST

 

 

Report Title:

Workers' Compensation Vocational Rehabilitation; Department of Labor and Industrial Relations

 

Description:

Creates a hierarchy of options for injured workers who require retraining.  Creates time limits (two years) for vocational rehabilitation plans.

 

 

 

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