STAND. COM. REP. NO. 961

 

Honolulu, Hawaii

                  

 

RE:    H.B. No. 921

 

 

 

Honorable Donna Mercado Kim

President of the Senate

Twenty-Seventh State Legislature

Regular Session of 2013

State of Hawaii

 

Madam:

 

     Your Committee on Judiciary and Labor, to which was referred H.B. No. 921 entitled:

 

"A BILL FOR AN ACT RELATING TO PROCEEDINGS BEFORE THE LABOR AND INDUSTRIAL RELATIONS APPEALS BOARD,"

 

begs leave to report as follows:

 

     The purpose and intent of this measure is to improve the processing of workers' compensation claim appeals by:

 

     (1)  Authorizing the Labor and Industrial Relations Appeals Board (Appeals Board) to:

 

          (A)  Take appropriate action to enforce its rules and orders; and

 

          (B)  Impose administrative sanctions and monetary sanctions of less than $250 for each violation to be deposited into the special compensation fund under section 386-151, Hawaii Revised Statutes; and

 

     (2)  Allowing workers' compensation claim litigants to file electronic notices of appeal with the appellate court.

 

     Your Committee received testimony in support of this measure from the Department of Labor and Industrial Relations; Labor and Industrial Relations Appeals Board; International Longshore and Warehouse Union, Local 142; and two individuals.

 

     Your Committee finds that existing law does not specifically authorize the Appeals Board to issue orders or take other actions, such as the imposition of administrative or monetary sanctions, to enforce its rules or orders.  The Appeals Board noted in its written testimony that other state boards and commissions, such as the Hawaii Labor Relations Board, Public Utilities Commission, and Land Use Commission, are statutorily authorized to fine or sanction a party for noncompliance.  This measure empowers the Appeals Board to better enforce its rules and orders and creates greater efficiency in the processing and adjudication of workers' compensation claim appeals.

 

     Your Committee further finds that existing law does not specifically authorize workers' compensation litigants to file electronic notices of appeal with the appellate court, which is currently available through the Judiciary Electronic Filing System.  This measure assists in increasing state government efficiency and reducing the State's carbon footprint by allowing the electronic filing of workers' compensation claim appeal notices.

 

     As affirmed by the record of votes of the members of your Committee on Judiciary and Labor that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 921, and recommends that it pass Second Reading and be referred to the Committee on Ways and Means.

 

Respectfully submitted on behalf of the members of the Committee on Judiciary and Labor,

 

 

 

____________________________

CLAYTON HEE, Chair