Report Title:

Workers' Comp; Permanent Impairment Examiner

Description:

Requires employer-requested medical examinations for workers' compensation cases involving the determination of permanent impairment 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. (SB1070 HD1)

THE SENATE

S.B. NO.

1070

TWENTY-SECOND LEGISLATURE, 2003

H.D. 1

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to examinations for the determination of permanent impairment.

 

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

SECTION 1. Chapter 386, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§386- Examination for determination of permanent impairment. (a) Any examination performed solely to determine permanent impairment pursuant to approved guidelines shall be conducted by an impairment examiner who has been mutually agreed upon by the employer and employee. In the event the parties are not able to mutually agree upon an examiner, the director shall appoint an impairment examiner from a list of qualified examiners categorized, and to the extent necessary, selected by specialty of practice. The director shall compile and maintain a list of impairment examiners and shall appoint examiners to conduct examinations in the order that they appear on the list.

(b) The cost of examinations shall be borne by the employer.

(c) The director may adopt rules under chapter 91 to effectuate the purposes of this section."

SECTION 2. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.