SB2997

Report Title:

Workers' Compensation; Employer Recovery

 

Description:

Enables an employer or insurer who wins an appeal of a workers' compensation claim to recover moneys paid to employee from either the employee or the special compensation fund.

THE SENATE	S.B. NO.	2997
TWENTY-FIRST LEGISLATURE, 2002
STATE OF HAWAII

A BILL FOR AN ACT

 

relating to workers' compensation.

 

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

SECTION 1. Section 386-93, Hawaii Revised Statutes, is amended to read as follows:

"§386-93 Costs. (a) If the director of labor and industrial relations, appellate board or any court finds that proceedings under this chapter have been brought, prosecuted, or defended without reasonable ground the whole costs of the proceedings and, if the employer prevails, any benefits nonvoluntarily paid to an employee and later determined to have been erroneously, but not fraudulently, inured to the employee, may be assessed against the party who has so brought, prosecuted, or defended the proceedings.

(b) If an employer appeals a decision of the director or appellate board, the costs of the proceedings of the appellate board or the supreme court of the State, together with reasonable attorney's fees shall be assessed against the employer, if the employer loses; provided that if the employer prevails in the appeal, the prevailing employer shall be entitled to costs of the proceedings of the appellate board or the supreme court of the State, together with reasonable attorney's fees, and any benefits nonvoluntarily paid to an employee and later determined to have been erroneously, but not fraudulently, inured to the employee. If an employer or an insurance carrier, other than the employer who appealed, is held liable for compensation, the costs of the proceedings of the appellate board or the supreme court of the State together with reasonable attorney's fees shall be assessed against the party held liable for the compensation."

SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________