Report Title:

Worker's Compensation

Description:

Limits the compensability through worker's compensation for mental disorders, including mental stress, that were caused by normal activities associated with management of the work force.

THE SENATE

S.B. NO.

2755

TWENTY-FIRST LEGISLATURE, 2002

 

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 386-3, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) [A claim for mental stress resulting solely from disciplinary action taken in good faith by the employer shall not be allowed; provided that if a collective bargaining agreement or other employment agreement specifies a different standard than good faith for disciplinary actions, the standards set in the collective bargaining agreement or other employment agreement shall be applied in lieu of the good faith standard. For purposes of this subsection, the standards set in the collective bargaining agreement or other employment agreement shall be applied in any proceeding before the department, the appellate board, and the appellate courts.] No compensation shall be allowed for a mental disorder, including mental stress, unless the employee shows by clear and convincing evidence that the employment conditions producing the mental disorder are conditions other than conditions generally inherent in every working situation, including any personnel actions relating to discipline, correction or evaluation of job performance, cessation of employment, promotion, or job related directions from supervisors."

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 Statutory material to be repealed is bracketed and stricken.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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