Report Title:

Workers' Compensation; Costs; Appeals

Description:

Gives the supreme court or appellate board discretion for awarding proceeding costs and reasonable attorney's fees if appeal is initiated by an employee. Sets standards for this discretion. (SB1638 HD1)

THE SENATE

S.B. NO.

1638

TWENTY-SECOND LEGISLATURE, 2003

H.D. 1

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to costs of proceedings in workers' compensation appeals.

 

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

SECTION 1. Section 386-93, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) If an employer appeals a decision of the director or appellate board, the costs of the proceedings of the appellate board or the supreme court of the State, together with reasonable attorney's fees, shall be assessed against the employer, if the employer loses; provided that if an employer or an insurance carrier, other than the employer who appealed, is held liable for compensation, the costs of the proceedings of the appellate board or the supreme court [of the State], together with reasonable attorney's fees, shall be assessed against the party held liable for the compensation.

If an employee appeals a decision of the director or appellate board, the costs of the proceedings of the appellate board or supreme court, together with reasonable attorney's fees, may be awarded to the prevailing party at the discretion of the board or supreme court. The exercise of discretion in awarding attorney's fees and costs, in whole or in part, shall be based upon:

(1) The time and effort required by the complexity of the case;

(2) The novelty and difficulty of the issues;

(3) The fees awarded in similar cases;

(4) The benefits obtained for the claimant;

(5) The hourly rate customarily awarded attorneys possessing similar skill and experience;

(6) The reasonableness of the employer's original and continuing denial of the benefits in dispute; provided that the employer is the prevailing party; and

(7) Any other relevant factors."

SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 3. This Act shall take effect on February 31, 3004.