Report Title:

Workers' Comp; TPD for Medical Visits

Description:

Deems time spent receiving treatment for a work-related injury as a period of temporary partial disability. (SD2)

THE SENATE

S.B. NO.

2120

TWENTY-FIRST LEGISLATURE, 2002

S.D. 2

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 386-32, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) Temporary partial disability. Where a work injury causes partial disability, not determined to be permanent, which diminishes the employee's capacity for work, the employer, beginning with the first day of the disability and during the continuance thereof, shall pay the injured employee weekly benefits equal to sixty-six and two-thirds per cent of the difference between the employee's average weekly wages before the injury and the employee's weekly earnings thereafter, subject to the schedule for the maximum and minimum weekly benefit rates prescribed in section 386-31.

An employee who has not waived any rights awarded under this chapter for a work injury, but who from time to time requires treatment prescribed by a physician for the work injury, and who is unable to obtain such treatment prior to or after work, shall be entitled to temporary partial disability benefits for the period of time during which the employee is obtaining treatment for the work-related injury. These temporary partial disability benefits shall be subject to the limitations on weekly benefit rates in section 386-31(b) and shall not exceed two-thirds of actual gross wages lost."

SECTION 2. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.