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Legislative panel
OKs workers’ comp
plan

The bill would give employers
some say in worker treatment


Employers would have a limited say in the treatment of workers injured on the job under a workers' compensation reform proposal advanced by House lawmakers yesterday.

The measure advanced by the House Labor Committee was a variation of a Lingle administration proposal that would have required injured workers to see a doctor of their employer's choosing for the first 120 days of treatment.

Under the amended version of the bill, injured workers would get to choose their doctor for the first 60 days of treatment following an on-the-job injury.

Employers unsatisfied with a worker's prognosis can request the state labor director to have the worker evaluated by a panel of three doctors. If there is any question as to the extent of the worker's injury, the director could then mandate that the worker see a doctor of the employer's choosing.

"According to testimony submitted by certain unions, it was suggested that such a system could conceivably benefit both the employer and the employee by providing an employer the ability to choose their physician, and yet institute safeguards to avoid unlimited use and abuse," said Labor Chairman Marcus Oshiro (D, Wahiawa-Poamoho).

It was unclear what degree of satisfaction an employer would have to have with a worker's treatment to seek a review.

State Labor Director Nelson Befitel said he had some concerns that such a mechanism might contribute to animosity between a worker and an employer.

"The whole objective of our package was to get the employer, employee and physician involved from the beginning," he said.

Under the administration's proposal, employers would be allowed to contract with networks of physicians similar to those of health insurers that injured workers would have to select from.

Befitel said the move could reduce employers' workers compensation premiums -- the third highest in the nation -- by as much as 14 percent.

Lawmakers worked late last night, facing self-imposed deadlines to have bills pass out of initial committee referrals.

Meanwhile, bills to tweak the state's unique 2002 gasoline price cap law and to establish renewable-energy goals for utility companies faced an uncertain future in the House after failing to advance out of committee. Senate versions of both bills remained alive.

Although effectively shelved for now in the House, the measures can always be reintroduced any time before the end of the session.

The gasoline price cap proposal would impose changes to the state's one-of-a-kind law by extending the cap to cover mid-grade and premium gasoline, in addition to regular unleaded. It also would peg the price cap to a national average of gasoline prices, rather than on an average of prices in West Coast markets, as the law is written now, and push back the start date for the cap. The price cap is set to take effect July 1.

The renewable-energy bill would set goals for utilities to have at least 20 percent of all electricity sold in the year 2020 come from renewable sources such as solar, wind and wave power.

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