Report Title:

Workers' Compensation

 

Description:

Establishes procedures for aggrieved parties to arbitrate controversies under the Workers' Compensation Law. (HB2657 HD1)

 

HOUSE OF REPRESENTATIVES

H.B. NO.

2657

TWENTY-SECOND LEGISLATURE, 2004

H.D. 1

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 386-86, Hawaii Revised Statutes, is amended to read as follows:

"386-86 Proceedings upon claim[.]; arbitration. (a) If a claim for compensation is made, the director shall make such further investigation as deemed necessary and render a decision within sixty days after the conclusion of the hearing awarding or denying compensation, stating the findings of fact and conclusions of law. The director may extend the due date for decisions for good cause provided all parties agree. The decision shall be filed with the record of the proceedings and a copy of the decision shall be sent immediately to each party.

(b) At any time after a claim for compensation is made and before the director renders a decision, the parties may submit any dispute relating to a claim for compensation to an arbitrator by filing a written request with the clerk of the circuit court in the circuit of employment.

(c) Except as otherwise provided herein, or as agreed to in writing by the parties, the arbitration shall be in accordance with and governed by the provisions of chapter 658A.

(d) The director shall stay any action or proceeding regarding any controversy submitted to arbitration until the arbitration has been completed."

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 Statutory material to be repealed is bracketed and stricken.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.