Report Title:

Workers' Compensation; Independent Medical Examinations

Description:

Requires employer-requested medical examinations for workers' compensation cases to be performed by a physician selected by mutual agreement of the parties, or if no agreement, by a physician appointed by the director of the department of labor and industrial relations.

HOUSE OF REPRESENTATIVES

H.B. NO.

1012

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to independent medical examinations.

 

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

SECTION 1. Section 386-79, Hawaii Revised Statutes, is amended to read as follows:

"386-79 Medical examination by employer's physician. After an injury and during the period of disability, the employee, whenever ordered by the director of labor and industrial relations, shall submit to examination, at reasonable times and places, by a duly qualified physician or surgeon [designated and] paid by the employer[.] and selected by mutual agreement between the claimant and the employer; provided that if no mutual agreement is reached, the director, pursuant to section 386-80, shall appoint a duly qualified physician or surgeon from a rotating list of duly qualified physicians and surgeons established and maintained by the department. The employee shall have the right to have a physician or surgeon designated and paid by the employee present at the examination, which right, however, shall not be construed to deny to the employer's physician the right to visit the injured employee at all reasonable times and under all reasonable conditions during total disability.

If an employee refuses to submit to, or in any way obstructs such examination, the employee's right to claim compensation for the work injury shall be suspended until the refusal or obstruction ceases and no compensation shall be payable for the period during which the refusal or obstruction continues.

In cases where the employer is dissatisfied with the progress of the case or where major and elective surgery, or either, is contemplated, the employer may appoint a physician or surgeon of the employer's choice who shall examine the injured employee and make a report to the employer. If the employer remains dissatisfied, this report may be forwarded to the director.

Employer requested examinations under this section shall not exceed more than one per case unless good and valid reasons exist with regard to the medical progress of the employee's treatment. The cost of conducting the ordered medical examination shall be limited to the complex consultation charges governed by the medical fee schedule established pursuant to section 386-21(c).

For the purposes of this section, "duly qualified" means that the physician or surgeon currently holds and has held an active professional and occupational license under title 25 for the five consecutive years prior to the employer requested examination."

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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