REPORT TITLE:
Worker's Compensation


DESCRIPTION:
Applies the 32-week threshold for triggering contribution from
the Worker's Compensation Special Compensation Fund to permanent
partial disability cases.  Extends application of section 386-
33(a) & (b), HRS, to all cases where injury occurs before
05/15/82.

 
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                                                        2554
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1
TWENTIETH LEGISLATURE, 2000                                
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:

 1      SECTION 1.  Section 386-33, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "386-33  Subsequent injuries that would increase
 
 4 disability.(a)  Where prior to any injury an employee suffers
 
 5 from a previous permanent partial disability already existing
 
 6 prior to the injury for which compensation is claimed, and the
 
 7 disability resulting from the injury combines with the previous
 
 8 disability, whether the previous permanent partial disability was
 
 9 incurred during past or present periods of employment, to result
 
10 in a greater permanent partial disability or in permanent total
 
11 disability or in death, then weekly benefits shall be paid as
 
12 follows:
 
13      (1)  In cases where the disability resulting from the injury
 
14           combines with the previous disability to result in
 
15           greater permanent partial disability the employer shall
 
16           pay the employee compensation for the employee's actual
 
17           permanent partial disability but for not more than one
 
18           hundred four weeks; the balance if any of compensation
 
19           payable to the employee for the employee's actual
 
20           permanent partial disability shall thereafter be paid
 

 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        


 1           out of the special compensation fund; provided that in
 
 2           successive injury cases where the claimant's entire
 
 3           permanent partial disability is due to more than one
 
 4           compensable injury, the amount of the award for the
 
 5           subsequent injury shall be offset by the amount awarded
 
 6           for the prior compensable injury;
 
 7      (2)  In cases where the disability resulting from the injury
 
 8           combines with the previous disability to result in
 
 9           permanent total disability, the employer shall pay the
 
10           employee for one hundred four weeks and thereafter
 
11           compensation for permanent total disability shall be
 
12           paid out of the special compensation fund; and
 
13      (3)  In cases where the disability resulting from the injury
 
14           combines with the previous disability to result in
 
15           death the employer shall pay weekly benefits in
 
16           accordance with sections 386-41 and 386-43 but for not
 
17           more than one hundred four weeks; the balance of
 
18           compensation payable under those sections shall
 
19           thereafter be paid out of the special compensation
 
20           fund.
 
21      (b)  Notwithstanding subsection (a), [in the case of
 
22 permanent total disability or death,] where the director or the
 
23 appellate board determines that the previous permanent partial
 

 
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Page 3                                                     2554
                                     H.B. NO.           H.D. 1
                                                        
                                                        


 1 disability amounted to less than that necessary to support an
 
 2 award of thirty-two weeks of compensation for permanent partial
 
 3 disability, there shall be no liability on the special
 
 4 compensation fund[,] and the employer shall pay the employee or
 
 5 the employee's dependents full compensation for the employee's
 
 6 permanent partial or total disability or death.
 
 7      (c)  [Subsections (a) and (b) shall apply in all cases where
 
 8 the work injury occurs on or after May 15, 1982, and combines
 
 9 with a previous disability to result in a greater permanent
 
10 partial disability or in permanent total disability or in death.]
 
11 Effective July 1, 1995, subsection (a)(1), as amended, shall
 
12 apply in all cases in which the work injury occurs on or after
 
13 July 1, 1995, and combines with a previous disability from a
 
14 compensable injury to result in a greater permanent partial
 
15 disability."
 
16      SECTION 2.  Statutory material to be repealed is bracketed.
 
17 New statutory material is underscored.
 
18      SECTION 3.  This Act shall take effect upon its approval. 
 

 
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