Report Title:
Workers' Compensation; Subsequent Injury
Description:
Limits, for subsequent nonwork-related injuries, an employer's liability for an employee's future medical care and indemnity benefits to an apportioned percentage ascribable to a prior work-related injury.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1613 |
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TWENTY-FIRST LEGISLATURE, 2001 |
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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:
SECTION 1. Chapter 386, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§386- Subsequent nonwork-related injuries. In the event that an employee suffers a subsequent injury which is not covered under this chapter and which results in an aggravation of a prior work-related injury, the employer's liability for the employee's future medical care and indemnity benefits shall be limited to an apportioned percentage that can be ascribed to the compensable prior work-related injury. In the event the employer and employee are unable to agree on an apportioned percentage based upon available medical information, a hearing shall be held and the director shall make a finding of apportionment. If the director finds that the medical evidence is such that an apportioned percentage cannot be determined, the apportioned percentage that can be ascribed to the prior work-related injury shall be fifty per cent and the apportioned percentage that can be ascribed to the subsequent nonwork-related injury shall be fifty per cent."
SECTION 2. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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