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HOUSE OF REPRESENTATIVES

H.B. NO.

1206

TWENTY-SECOND LEGISLATURE, 2003

 

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. The legislature finds that lawful personnel management actions of employers should not be subject to stress-related claims for workers' compensation benefits.

The legislature further finds that employers should have the right to exercise lawful personnel actions without fear of economic reprisal in the form of inflated workers’ compensation insurance costs as well as lengthy and costly court proceedings stemming from stress claims.

SECTION 2. 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 mental injury or illness proximately caused by a disciplinary action, counseling, work evaluation or criticism, job transfer, layoff, demotion, suspension, termination, retirement, or other action associated ordinarily with personnel administration; provided that nothing in this subsection shall be construed to limit the development of the common law or to preempt any common law right or remedy as it may pertain to intentionally inflicted mental injury."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

BY REQUEST