Bill Text: HI SB305 | 2010 | Regular Session | Introduced
Bill Title: Workers' Compensation; Injured Workers Bill of Rights
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Introduced - Dead) 2009-05-11 - Carried over to 2010 Regular Session. [SB305 Detail]
Download: Hawaii-2010-SB305-Introduced.html
Report Title:
Workers' Compensation; Injured Workers Bill of Rights
Description:
Enacts the workers' compensation injured workers bill of rights as guidelines for the handling of workers' compensation claims.
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THE SENATE |
S.B. NO. |
305 |
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TWENTY-FIFTH LEGISLATURE, 2009 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO THE WORKERS' COMPENSATION INJURED WORKERS BILL OF RIGHTS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:
"Chapter
WORKERS' COMPENSATION INJURED WORKERS BILL OF RIGHTS
§ ‑ Purpose and intent. This chapter shall serve as a guide for the administration of workers' compensation claims under chapter 386. The intent of this chapter is that injured workers be protected to the fullest possible extent under laws existing at the time of the processing of claims for work injuries.
In case of conflict between any provision of chapter 386 and this chapter, the provision of chapter 386 shall take precedent. If no provision of chapter 386 applies to an injured workers' claim, then the applicable provision of this chapter shall apply. If there is a discretionary decision to be made by the director of labor and industrial relations with regard to a claim under chapter 386, this chapter shall serve as a guideline in making the decision.
§ ‑ Bill of rights. The workers' compensation injured workers bill of rights includes the following:
(1) An injured worker may select an attending physician, as defined in section 386-1; provided that the injured worker may select another attending physician within thirty days of commencing treatment with the initial attending physician;
(2) In addition to section 386-86, an injured worker shall be entitled to a prompt hearing upon a claim within ninety days from the date of filing a claim, if possible under the circumstances of the particular claim; provided that if the injured worker receives emergency medical services, as defined in section 386‑1, the hearing shall be conducted within thirty days from the date of the injury in order to make appropriate provisional orders if necessary;
(3) An injured worker shall be entitled to simultaneous consideration of loss of earning capacity along with any physical or mental impairment in determining disability benefits;
(4) An injured worker unable to return to the trade or occupation as a result of a work injury, as defined in section 386-1, shall be entitled to an independent vocational assessment, and to vocational rehabilitation services as defined in section 386-1 and as provided in section 386-25, with the goal of restoring the injured worker's earnings capacity as nearly as possible to the level that the worker was earning at the time of injury and to return the injured worker to suitable gainful employment in the active labor forces as quickly as possible in a cost-effective manner;
(5) An injured worker shall receive an impairment rating and disability determination that includes an assessment of chronic pain and depression, as well as physical impairment; provided that if a work injury, as defined in section 386-1, contributes to, results in, or aggravates pain, any resulting limitation or impairment may be compensable;
(6) An injured worker unable to return to substantial gainful employment may receive permanent total disability benefits under section 386-31, for the duration of the disability;
(7) An injured worker shall be entitled to a non-party independent medical examination under section 386-80; provided that fees for the independent medical examination shall not be borne by the injured worker;
(8) An injured worker may receive disability income benefits based upon the injured worker's actual take home pay, including overall wage benefits, and permanent disability benefits based upon the disability and not upon the impairment;
(9) If surgery resulting from a work injury is recommended, the injured worker shall be entitled to a second medical opinion, paid for by the workers' compensation insurer of the employer, by a medical provider licensed under chapter 453 or chapter 460 as selected by the injured worker; provided that the injured worker may decline recommended surgery without affect to any benefits under chapter 386;
(10) An injured worker shall be entitled to be treated with dignity and respect by all persons involved in the administration or processing of a claim under chapter 386, with the goal of obtaining medical recovery of the injured worker;
(11) There shall be a rebuttable presumption that the attending physician, as defined in section 386-1, has the authority to order appropriate diagnostic tests or evaluations; provided that the presumption may be overcome by clear and convincing evidence to the contrary if evidence is furnished to the department of labor and industrial relations within twenty days of any denial of appropriate diagnostic tests or evaluations;
(12) An injured worker shall be entitled, as provided by law, to the panoply of benefits under chapter 386;
(13) In addition to the benefit adjustment under section 386-35, an injured worker may receive a realistic cost of living increase in those benefits, as determined by the department of labor and industrial relations; provided that in addition to the payment after death benefits under section 386-34, the cost of living increases shall devolve to the benefit of the injured worker's dependents, as may be provided by law;
(14) An injured worker shall be entitled to be informed of the following information on a health care provider, as defined in section 386-1, who renders treatment to the injured worker: education and experience, as well as any contractual arrangements between the health care provider and the workers' compensation insurer of the employer at the time of the commencement of the treatment; provided that for the purpose of this paragraph, the department of labor and industrial relations shall:
(A) Maintain a listing of health care providers against whom complaints have been lodged by injured workers; and
(B) Remove any health care provider from the list if the department determines that numerous or major complaints have been made against the health care provider by injured workers; and
(15) An injured worker shall be entitled to privacy of medical records relating to the diagnosis, treatment, or rehabilitation of a work injury, as defined in section 386-1, except for purposes of:
(A) The administration of a claim under chapter 386;
(B) Gathering statistics; or
(C) Finding employment for the injured worker.
§ ‑ Director's duty to provide and require display of workers' compensation injured workers bill of rights; rules. The director of the department of labor and industrial relations shall adopt rules:
(1) For the distribution of the workers' compensation injured workers bill of rights to employers and employees in the State of Hawaii; and
(2) Requiring the display of the workers' compensation injured workers bill of rights by employers in locations accessible to employees."
SECTION 2. This Act shall take effect upon its approval.
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