REPORT TITLE:
Workers' Compensation


DESCRIPTION:
Provides alternatives to injured employees who are trying to
restore their earning capacities.  Sets parameters for the use of
rehabilitation services.  (HB2520 HD2)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2520
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 2
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO WORKERS' COMPENSATION.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Section 386-52, Hawaii Revised Statutes, is
 
 2 amended as follows:
 
 3      1.  By amending subsection (a) to read:
 
 4      "(a)  The purposes of vocational rehabilitation are to
 
 5 restore an injured worker's earning capacity as nearly as
 
 6 possible to that level which the worker was earning at the time
 
 7 of injury and to return the injured worker to suitable work in
 
 8 the active labor force as quickly as possible in a cost-effective
 
 9 manner.  A self-insured or insured employer may provide job
 
10 placement within its own organization pursuant to an approved
 
11 return-to-work plan.  If an employer chooses not to provide job
 
12 placement, or is unsuccessful in job placement, then the
 
13 employee, if qualified, may select a vocational rehabilitation
 
14 provider."
 
15      2.  By amending subsection (e) to read:
 
16      "(e)  The director shall adopt rules for additional living
 
17 expenses necessitated by the rehabilitation program, together
 
18 with all reasonable and necessary vocational training.  The
 
19 rehabilitation program shall use rehabilitation services, if
 

 
Page 2                                                     2520
                                     H.B. NO.           H.D. 2
                                                        
                                                        

 
 1 available on the employee's island of residence, so as to
 
 2 mitigate additional living expenses.  In addition to vocational
 
 3 training, the vocational rehabilitation plan may include the
 
 4 purchase of tools or equipment necessary to complete the training
 
 5 and shall not include the purchase of tools or equipment,
 
 6 inventory, premises, improvements and betterment, or other items
 
 7 normally associated with establishing a business.  The providers
 
 8 of vocational rehabilitation services may not charge more than is
 
 9 reasonable and customary for the service provided.  The director
 
10 may survey other providers in the community or use other
 
11 professional means to determine usual and customary charges for
 
12 specific services."
 
13      SECTION 2.  New statutory material is underscored.
 
14      SECTION 3.  This Act shall take effect on July 1, 2000.