HOUSE OF REPRESENTATIVES
TWENTY-SEVENTH LEGISLATURE, 2013
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO DISABILITY COMPENSATION DIVISION SPECIAL FUND.
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- Disability compensation division special fund. (a) There is established in the state treasury the disability compensation division special fund, into which shall be deposited:
(1) All moneys collected by the disability compensation division pursuant to sections 386-86 and 386-95; and
(2) All interest upon any moneys in the fund.
(b) The fund shall be administered by the disability compensation division of the department.
(c) Moneys in the disability compensation division special fund shall be used by the disability compensation division for personnel and operating costs incurred in the administration of chapter 386, including but not limited to electronic document management.
(d) The disability compensation division shall submit a report to the legislature detailing all funds deposited into and all moneys disbursed out of the fund in the prior fiscal year twenty days prior to the convening of each regular session."
SECTION 2. Section 386-86, Hawaii Revised Statutes, is amended to read as follows:
"§386-86 Proceedings upon claim; hearings. (a) If a claim for compensation is made, the director shall make such further investigation as deemed necessary and render a decision within sixty days after the conclusion of the hearing awarding or denying compensation, stating the findings of fact and conclusions of law. The director may extend the due date for decisions for good cause provided all parties agree. The decision shall be filed with the record of the proceedings and a copy of the decision shall be sent immediately to each party.
(b) The hearing shall be informal and shall afford the parties a full and fair opportunity to present the facts and evidence to be considered. Hearings under this section shall not be subject to chapter 91. No stenographic or tape recording shall be allowed.
(c) The order of presentation shall not alter the burden of proof, including the burden of producing evidence and the burden of persuasion. The party or parties who bear these burdens shall be determined by law consistent with the purposes of this section.
(d) Should the injured employee or injured employee's representative, or the employer or employer's representative fail to appear at the hearing, the director may issue a decision based on the information on file. The decision shall be final unless appealed pursuant to section 386-87. In all other circumstances, a decision shall not be rendered by the director without a hearing, which may not be waived by the parties.
(e) For the purpose of obtaining any matter, not privileged, which is relevant to the subject matter involved in the pending action, the director, upon application and for good cause shown, may order the taking of relevant testimony by deposition, upon oral examination, or written interrogatories, or by other means of discovery in the manner and effect prescribed by the Hawaii rules of civil procedure; provided that when the claimant's deposition is taken, the employer shall pay for the cost to the claimant of attending the deposition, any costs associated with having the deposition transcribed and copied, and any and all reasonable attorney's fees and costs incurred by the claimant with respect to the deposition.
(f) Subpoenas requiring the attendance of witnesses at a hearing before a hearings officer or for the taking of a deposition or the production of documentary evidence from any place within the State at any designated place of hearing may be issued by the director or a duly authorized representative. The employer shall serve a claimant with a copy of a medical record subpoena unless the employer has previously obtained the claimant's authorization to examine the claimant's medical records. Should the claimant subpoena medical records, the employer shall be served a copy. The party subpoenaing the records shall provide these records within fifteen calendar days of their receipt to the employer, claimant, and the special compensation fund if a joinder has been filed, or their representatives. These records shall be submitted by the party requesting the subpoena to the director within seven calendar days of the date of the notice of hearing or upon request by the director. A party who desires to enforce the director's subpoena shall seek enforcement from a court of competent jurisdiction.
(g) The disability compensation division may establish reasonable fees for filing applications for hearings as described in subsections (a) and (b), and for issuing subpoenas as described in subsection (f).
Effective from July 1, 2013, to June 30, 2016, or until such time as a different amount is established by rules adopted by the director, the amount to be charged for each filing or subpoena shall be $10.
The fees prescribed under this subsection shall be paid to the disability compensation division in advance by the party applying for a hearing or requesting the subpoena. The fees shall be deposited with the director of finance to the credit of the disability compensation division special fund established under 386- .
The disability compensation division administrator may waive the payment of fees for good cause shown. Neither the State, nor any county, or any political subdivision shall be required to pay any fees prescribed under this subsection."
SECTION 3. Section 386-95, Hawaii Revised Statutes, is amended to read as follows:
"§386-95 Reports of injuries, other reports, penalty. Every employer shall keep a record of all injuries, fatal or otherwise, received by the employer's employees in the course of their employment, when known to the employer or brought to the employer's attention.
Within seven working days after the employer has knowledge of such injury causing absence from work for one day or more or requiring medical treatment beyond ordinary first aid, the employer shall make a report thereon to the director. The report shall set forth the name, address, and nature of the employer's business and the name, age, sex, wages, and occupation of the injured employee and shall state the date and hour of the accident, if the injury is produced thereby, the nature and cause of the injury, and such other information as the director may require.
By January 31 of each year, the employer shall file with the director a report with respect to each injury on which the employer is continuing to pay compensation, showing all amounts paid by the employer on account of the injury.
The reports required by this section shall be made on forms to be obtained from the director pursuant to section 386-71 and deposit of reports in the United States mail, addressed to the director, within the time specified shall be deemed compliance with the requirements of this section.
When an injury results in immediate death, the employer shall within forty-eight hours notify personally or by telephone a representative of the department in the county where the injury occurred.
Within thirty days after final payment of compensation for an injury, the employer shall file a final report with the director showing the total payments made, the date of termination of temporary total disability, and such other information as the director may require.
Any employer who wilfully refuses or neglects to file any of the reports or give any notice required by this section shall be fined by the director not more than $5,000.
Copies of all reports, other than those of fatal injuries, filed with the director as required by this section shall be sent to the injured employee by the employer.
The disability compensation division may establish reasonable fees for the filing of the "WC-1 Employer's Report of Industrial Injury" and the "WC-5 Employee's Claim for Workers' Compensation Benefits". Effective from July 1, 2013, to June 30, 2016, or until such time a different amount is established by rule adopted by the director, the amount to be charged for each filing shall be $10.
The fees prescribed under this section shall be paid in advance to the disability compensation division and deposited with the director of finance to the credit of the disability compensation division special fund established under section 386‑ . The disability compensation division administrator may waive the payment of fees for good cause shown. Neither the State, nor any county, or any political subdivision shall be required to pay any fees or costs prescribed under this subsection."
SECTION 4. The director of labor and industrial relations may establish two full-time equivalent permanent additional positions, subject to chapters 76 and 89, Hawaii Revised Statutes, to carry out the purposes of this Act. The positions shall include a workers' compensation hearings officer and an office assistant.
SECTION 5. There is appropriated out of the disability compensation division special fund the sum of $200,000, or so much thereof as may be necessary, for fiscal year 2013–2014 to carry out the purposes of this Act, including the hiring of two full-time equivalent permanent positions pursuant to section 4 of this Act and for operating costs incurred in the administration of chapter 386, Hawaii Revised Statutes.
The sum appropriated shall be expended by the department of labor and industrial relations for the purposes of this Act.
SECTION 6. New statutory material is underscored
SECTION 7. This Act, upon its approval, shall take effect on July 1, 2013, and shall be repealed on June 30, 2016; provided that upon such repeal sections 386-86 and 386-95, Hawaii Revised Statutes, shall be reenacted in the form in which they read on the day before the effective date of this Act.
Disability Compensation Division Special Fund; Fees
Establishes a Disability Compensation Division Special Fund and authorizes the Disability Compensation Division to establish fees for subpoenas, injury reports, and hearings applications; establishes and funds two full-time positions. Effective July 1, 2013. Repealed June 30, 2016. (HB923 HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.