Report Title:

Workers' compensation

 

Description:

Provides that legal presumptions made under section 386-85 may be rebutted by a preponderance of the evidence.

 

HOUSE OF REPRESENTATIVES

H.B. NO.

886

TWENTY-FIRST LEGISLATURE, 2001

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO LEGAL PRESUMPTIONS IN WORKERS' COMPENSATION CASES.

 

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

SECTION 1. Section 386-85, Hawaii Revised Statutes, is amended to read as follows:

"§386-85 Presumptions. In any proceeding for the enforcement of a claim for compensation under this chapter it shall be presumed, in the absence of [substantial] evidence to the contrary:

(1) That the claim is for a covered work injury;

(2) That sufficient notice of such injury has been given;

(3) That the injury was not caused by the intoxication of the injured employee; and

(4) That the injury was not caused by the wilful intention of the injured employee to injure oneself or another.

Presumptions made pursuant to this chapter may be rebutted by a preponderance of the evidence.

SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

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

 

INTRODUCED BY:

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