Relating To Workers' Compensation.
This bill aims to streamline the process of medical evaluations in workers' compensation cases, ensuring that examinations are impartial and fair. It also sets a timeline for conducting examinations within forty-five days of the selection or appointment of the physician. The changes intend to enhance transparency and mutual agreement in the workers' compensation process, potentially leading to improved satisfaction for both employers and employees. This shift may also limit the number of contentious disputes over medical evaluations in workers' compensation cases.
SB720 amends section 386-79 of the Hawaii Revised Statutes, which governs medical examinations under the Workers' Compensation Law. The bill establishes that an independent medical examination (IME) and permanent impairment rating examination must be conducted by a physician mutually agreed upon by the employer and the injured employee, with the employer covering the costs. If mutual agreement cannot be reached, the Director of Labor and Industrial Relations must appoint a qualified, impartial physician to conduct these examinations.
A notable point of contention surrounding SB720 is the new requirement that any refusal by an employee to submit to these examinations, or attempts to interfere with them, results in a suspension of the employee's right to claim compensation. This provision is designed to encourage compliance but raises concerns about the rights of employees and the implications for those who may be reluctant or unable to undergo further examinations. Additionally, opponents may question the fairness of allowing employers to unilaterally choose evaluations and how it could affect the therapeutic relationships between employees and healthcare providers.