Report Title:

Workers' Compensation; Independent Medical Examinations

 

Description:

Requires that the physician performing an independent medical examination be licensed in the State for 5 years, be subject to peer review, and be known in the local medical community to have been in the practice of treating injured employees and conducting independent medical examinations for the employers. Repeals authority of employer to appoint a physician to examine the employee where the employer is dissatisfied with the progress of the case or where surgery is contemplated.  Prohibits more than one independent medical examination per case.

 


HOUSE OF REPRESENTATIVES

H.B. NO.

2752

TWENTY-FOURTH LEGISLATURE, 2008

 

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 386-79, Hawaii Revised Statutes, is amended to read as follows:

     "§386-79  Medical examination by employer's physician.  After an injury and [during the period of disability,] after a claim is filed by the employee, whenever ordered by the director [of labor and industrial relations], shall submit to examination, at reasonable times and places, by a duly qualified physician or surgeon [designated] pursuant to this section and paid by the employer.  Physicians selected to perform independent medical examinations as provided by this section shall:

     (1)  Be licensed in Hawaii; provided that for claimants whose residency is not Hawaii, the physicians shall be licensed in the state where the claimant resides;

     (2)  Be subject to peer review;

     (3)  Currently hold and have held an active professional and occupational license under title 25 for the five consecutive years prior to the examination; and

     (4)  Be known in the local medical community to have been in the practice of treating injured employees and conducting independent medical examinations for the employers.

     The independent medical examiner shall be selected by mutual agreement between the employee and the employer within fourteen calendar days of a request by either party for an independent medical examination; provided that if no mutual agreement is reached within ten calendar days from the notification of failure to reach mutual agreement, the director shall provide the employer and employee with the names of three independent medical examiners, from a list compiled and maintained by the director, from which to choose.  If the employer and employee are unable to choose an independent medical examiner, then within ten calendar days, the director shall appoint an independent medical examiner from the names provided to the employer and employee.  The employee shall have the right to have a physician or surgeon designated and paid by the employee present at the examination, which right, however, shall not be construed to deny to the employer's physician the right to visit the injured employee at all reasonable times and under all reasonable conditions during total disability.

     If an employee unreasonably refuses to submit to, or in any way obstructs [such] the independent medical examination, the employee's right to claim compensation for the work injury [shall] may be suspended, only upon order of the director, until the refusal or obstruction ceases and no compensation shall be payable for the period during which the refusal or obstruction continues.

     [In cases where the employer is dissatisfied with the progress of the case or where major and elective surgery, or either, is contemplated, the employer may appoint a physician or surgeon of the employer's choice who shall examine the injured employee and make a report to the employer.  If the employer remains dissatisfied, this report may be forwarded to the director.

     Employer requested examinations under this section shall not exceed more than one] In no event shall the director, the appellate board, or any court order more than one independent medical examination per case unless good and valid reasons exist [with regard to the medical progress of the employee's treatment].  The cost of conducting the ordered medical examination shall be limited to the complex consultation charges governed by the medical fee schedule established pursuant to section 386-21(c)."

     SECTION 2.  This Act shall apply to any medical examination conducted under chapter 386, Hawaii Revised Statutes, after its effective date.

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 2008.

 

INTRODUCED BY:

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