Posted on: Friday, March 28, 2003

Workers' comp change rejected

By Lynda Arakawa
Advertiser Capitol Bureau

Gov. Linda Lingle's administration yesterday urged the Senate to bar workers' compensation claims for mental stress over work criticism, layoffs and other lawful personnel actions.

But Senate Labor Committee Chairman Brian Kanno said it would be unfair to automatically rule out all such claims as without merit, and said he won't hold a hearing on Lingle's proposal.

State Department of Labor and Industrial Relations Director Nelson Befitel sent a letter to Kanno urging him to hold a public hearing on the matter. Befitel noted a Hawai'i Supreme Court decision last year in favor of a firefighter who sought compensation for stress resulting from not getting a promotion.

"Legislative action is needed, now, to ensure that employers who exercise lawful personnel management actions, not be subjected to stress-related claims for workers' compensation benefits," Befitel said.

Kanno, D-19th (Kapolei, Makakilo, Waikele), said that under the workers' comp system, workers are guaranteed treatment for legitimate work injuries, and that in exchange they would give up the right to sue. "In some cases there may be a legitimate workers' comp injury that is stress-related. That person should be allowed to go through the process that determines if the claim is legitimate or fraudulent. What's being proposed is a law that wipes all of these claims off and says these are not valid," he said.