STAND. COM. REP. NO.  1188

 

Honolulu, Hawaii

                , 2017

 

RE:   S.B. No. 859

      S.D. 1

      H.D. 1

 

 

 

 

Honorable Joseph M. Souki

Speaker, House of Representatives

Twenty-Ninth State Legislature

Regular Session of 2017

State of Hawaii

 

Sir:

 

     Your Committee on Labor & Public Employment, to which was referred S.B. No. 859, S.D. 1, entitled:

 

"A BILL FOR AN ACT RELATING TO WORKERS' COMPENSATION,"

 

begs leave to report as follows:

 

     The purpose of this measure is to allow an employee to have a chaperone present during a medical examination relating to a work injury under workers' compensation and, with the examining physician or surgeon's approval, use a recording device during the medical examination.

 

     The Hawaii Medical Association, Hawaii Injured Workers Association, International Longshore and Warehouse Union Local 142, Vocational Management Consultants, Inc., Work Injury Medical Association of Hawaii, International Brotherhood of Electrical Workers Local Union 1260, AFL-CIO, and several individuals testified in support of this measure.  The Department of Labor and Industrial Relations testified in support of the intent.  The Hawaii Insurers Council, General Contractors Association of Hawaii, The Chamber of Commerce Hawaii, and Hawaiian Electric Co. Inc., and its subsidiaries Maui Electric Company, Ltd., and Hawaii Electric Light Company, Inc. testified in opposition.  The Department of Human Resources Development and Department of Human Resources of the City and County of Honolulu provided comments.

 

     Your Committee has amended this measure by clarifying that an employee's designated chaperone is prohibited from obstructing an examination in the same manner and subject to the same penalties as the employee.

 

     As affirmed by the record of votes of the members of your Committee on Labor & Public Employment that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 859, S.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 859, S.D. 1, H.D. 1, and be referred to your Committee on Finance.

 

 

Respectfully submitted on behalf of the members of the Committee on Labor & Public Employment,

 

 

 

 

____________________________

AARON LING JOHANSON, Chair