STAND. COM. REP. NO. 3708

Honolulu, Hawaii

RE: H.B. No. 1515

H.D. 2

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Sir:

Your Committee on Ways and Means, to which was referred H.B. No. 1515, H.D. 2, S.D. 1, entitled:

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

begs leave to report as follows:

The purpose and intent of this measure is to streamline the approval process for functional capacity examinations under the State's Workers' Compensation Law to reduce unnecessary delays and improve outcomes for injured workers.

Specifically, this measure:

(1) Authorizes an attending physician to request a functional capacity examination to assess an employee's ability to return to work and to refer the injured employee for the examination without first obtaining permission from the employee's employer; and

(2) Qualifies licensed occupational and physical therapists as health care providers for the limited purpose of performing functional capacity examinations.

Your Committee received written comments in support of this measure from the Department of Human Resources Development, Department of Labor and Industrial Relations, Hawaii Insurers Council, Hawaii Medical Association, and University of Hawaii Professional Assembly.

Your Committee received written comments in opposition to this measure from the Society for Human Resource Management - Hawaii.

Your Committee finds that the timely and accurate determination of an injured worker's physical abilities and functional restrictions is essential to ensure fair treatment under the workers' compensation system. Your Committee further finds that there are often delays in performing functional capacity examinations, which may prolong an injured person's recovery and delay the person's return to work. Your Committee believes that streamlining this process will help to address these issues and reduce the financial and emotional strain on injured workers.

As affirmed by the record of votes of the members of your Committee on Ways and Means that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1515, H.D. 2, S.D. 1, and recommends that it pass Third Reading.

Respectfully submitted on behalf of the members of the Committee on Ways and Means,

________________________________

DONOVAN M. DELA CRUZ, Chair