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HI HB1224
Bill
Status
1/27/2021
Primary Sponsor
Lisa Marten
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AI Summary
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Amends Hawaii workers' compensation law to allow civil lawsuits when COVID-19 is contracted by an employee whose employer failed to maintain adequate workplace protections against exposure to the novel coronavirus, creating an exception to the exclusive remedy doctrine.
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Adds a new presumption (Section 386-85, subsection 5) that COVID-19 was proximately caused by an employer's failure to maintain adequate workplace protections, placing the burden on employers to rebut this presumption with substantial evidence.
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Preserves existing exceptions to workers' compensation exclusivity for sexual harassment, sexual assault, and related emotional distress or invasion of privacy claims.
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Takes effect upon approval and does not apply to rights, duties, penalties, or proceedings that began before the effective date.
Legislative Description
Relating To Workers' Compensation.
Workers' Compensation
Last Action
Carried over to 2022 Regular Session.
12/10/2021