Report Title:

Workers' Compensation; Temporary Partial Disability

Description:

Deems treatment appointments to be periods of temporary partial disability, thereby making the time spent during the treatments compensable under workers' compensation.

THE SENATE

S.B. NO.

780

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to temporary partial disability.

 

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 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 such treatment during non-working hours, shall be entitled to temporary partial disability for time spent obtaining treatment and traveling directly to and from their place of employment for treatment."

SECTION 2. New statutory material is underscored.

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

INTRODUCED BY:

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