HB 1649: Workers' Compensation; Injured Employee; Dependents; Benefits; Notification

A BILL FOR AN ACT

relating to workers' compensation.

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

     SECTION 1.  Section 386-34, Hawaii Revised Statutes, is amended to read as follows:

     "§386-34  Payment after death.  (a)  Where an employee is entitled to weekly income and indemnity benefits for permanent total or permanent partial disability and dies from any cause other than the compensable work injury, payment of any unpaid balance of the benefits to the extent that the employer is liable therefor, but not to exceed the amount prescribed under section 386-32(a) for other cases, shall be made to the employee's dependents as provided herein.  If, at the time of the death, the employee is entitled to any benefits from the special compensation fund, the benefits shall also be paid to the employee's dependents as provided herein:

     (1)  To a dependent widow, widower, or reciprocal beneficiary, for the use of the widow, widower, or reciprocal beneficiary, and the dependent children, if any.  The director of labor and industrial relations may from time to time apportion such compensation among the widow, widower, or reciprocal beneficiary, and any dependent children.

     (2)  If there be no dependent widow, widower, or reciprocal beneficiary, but one or more dependent children, then to such child or children to be divided equally among them if more than one.

     (3)  If there be no dependent widow, widower, reciprocal beneficiary, or child, but there be a dependent parent, then to such parent, or if both parents be dependent, to both of them, to be divided equally between them; or if there be no such parents, but a dependent grandparent, then to such grandparent, or if more than one, then to all of them to be divided equally among them.

     (4)  If there be no dependent widow, widower, reciprocal beneficiary, child, parent, or grandparent, but there be a dependent grandchild, brother, or sister, then to such dependent, or if more than one, then to all of them to be divided equally among them.

     (5)  If there be no such dependents, the unpaid balance of the compensation shall be paid in a lump sum into the special compensation fund.

     (b)  The director shall notify an injured employee or the dependent widow, widower, reciprocal beneficiary, or children of the injured employee of benefits to which such persons may be entitled in addition to those provided pursuant to this chapter; provided that the notification shall be solely for the purpose of informing the recipient of benefits that may be available to the recipient; provided further that the content of the notification shall be limited to information concerning services that are offered by nonprofit entities.

     (c)  The department may provide information to injured employees and their families regarding nonstatutory programs or benefits offered to injured employees or the families of injured employees by a nonprofit organization; provided that the department shall not provide the contact information of an injured employee to the nonprofit organization without the express consent of the injured employee.

     (d)  As used in this section, "family" means the injured employee's spouse, reciprocal beneficiary, or child."

     SECTION 2.  Section 386-151, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  Every employer pursuant to an order made by the director, shall pay into the fund the amounts specified in sections [386-34(5)] 386-34(a)(5) and 386-41(d) under the conditions prescribed for such payment.  Whenever such amount is paid into the fund and it is subsequently determined by the director, the appellate board, or a court having jurisdiction that a dependent is entitled to benefits excluding or diminishing the entitlement of the fund, the director, appellate board, or court shall order the refund of the sum to which the fund is not entitled and the director of finance as custodian shall immediately make such refund upon receipt by the director of finance of a certified copy of this order.  In cases where an order of the director ordering payment into the fund is reversed on appeal the employer is relieved of any duty to make payments into the fund."

     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.

Report Title:

Workers' Compensation; Injured Employee; Dependents; Benefits; Notification

Description:

Requires the Director of Labor and Industrial Relations to notify an injured employee or their dependents of benefits to which they may be entitled.  Specifies notification requirements.  Authorizes the Department of Labor and Industrial Relations to provide information regarding nonstatutory programs and benefits offered to injured employees and their families by nonprofit organizations.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.