REPORT TITLE:
Workers' Compensation


DESCRIPTION:
Excludes from workers' compensation coverage claims for mental
stress from personnel actions.

 
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                                                        2756
THE SENATE                              S.B. NO.           
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 386-3, Hawaii Revised Statutes, is
 
 2 amended by amending subsection (c) to read as follows:
 
 3      "(c)  A claim for mental stress resulting solely from a
 
 4 personnel action, including disciplinary action, taken [in good
 
 5 faith] by the employer shall not be allowed[; provided that if a
 
 6 collective bargaining agreement or other employment agreement
 
 7 specifies a different standard than good faith for disciplinary
 
 8 actions, the standards set in the collective bargaining agreement
 
 9 or other employment agreement shall be applied in lieu of the
 
10 good faith standard.  For purposes of this subsection, the
 
11 standards set in the collective bargaining agreement or other
 
12 employment agreement shall be applied in any proceeding before
 
13 the department, the appellate board, and the appellate courts]."
 
14      SECTION 2.  Statutory material to be repealed is bracketed.
 
15 New statutory material is underscored.
 
16      SECTION 3.  This Act shall take effect upon its approval. 
 
17 
 
18                       INTRODUCED BY:  ___________________________
 

 
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