Report Title:

Work Comp; TPD

Description:

Deems treatment appointments to be periods of temporary partial disability.

HOUSE OF REPRESENTATIVES

H.B. NO.

486

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. Section 386-32, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) Temporary partial disability. Where a work injury causes partial disability, not determined to be permanent, [which] that diminishes the employee's capacity for work, the employer, beginning with the first day of the disability and during the continuance thereof, shall pay the injured employee weekly benefits equal to sixty-six and two-thirds per cent of the difference between the employee's average weekly wages before the injury and the employee's weekly earnings thereafter, subject to the schedule for the maximum and minimum weekly benefit rates prescribed in section 386-31.

An employee who is not currently receiving temporary total disability or temporary partial disability benefits, but who from time to time requires treatment prescribed by a physician for a work injury and who cannot reasonably obtain the treatment during non-working hours, shall be entitled to temporary partial disability for time spent obtaining treatment and traveling directly to and from the employee's place of employment for treatment."

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 Statutory material to be repealed is bracketed and stricken.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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