SB 2365 - Workers' Compensation Medical Examination

• Allows employers and employees to mutually agree upon a qualified physician to conduct independent medical examinations or permanent impairment rating examinations, with costs paid by the employer.

• If parties cannot reach mutual agreement on physician selection, the Director of Labor and Industrial Relations shall appoint an impartial physician, with examination costs paid from legislatively appropriated department funds.

• Out-of-state physicians may be selected upon Director approval if no Hawaii-licensed specialist is available, or automatically if the employee resides outside Hawaii and is examined by a physician licensed in the employee's state.

• Examination appointment notice must be provided to the employee at least five working days prior, with a copy of the examination report promptly provided to the employee or representative.

• Defines "medical stability" as the point when no further improvement can be reasonably expected from curative health care or when an employee refuses further diagnostic tests or treatment that could aid recovery.

• Limits independent medical examinations and permanent impairment rating examinations to one each per case unless valid medical reasons exist, and prohibits combining both into a single examination without written employee consent.

• Effective date: July 1, 2018.