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HomeMy WebLinkAboutCOM 0683.005 1998-2000 vv or ~`y ALAN S. KONISHI DONALD IKEDA Cnuuty Clerk Deputy L'ounty Clerk ~ "r+~ CONSTANCE R. KIRIU Legislative Auditor OFFICE OF THE COUNTY CLERK county of Hawaii Hawaii County Building 15 Aupuni Street RKEIVED Hilo, Hawaii 96720 flme.____.. ~ u„ l~Gt6_...--...~ ,.:,~Counry Council r _ March 28, 2000 TO: Council Members FROM: Constance R. Kiriu~~-- Legislative Auditor RE: Workers' Compensation Claims Corporation Counsel Response For your information, attached is a response from Corporation Counsel Richard Wurdeman relating to your question of why Section 2-9, Hawaii County Code, (claims over $1,500 require council approval) has not applied to workers' compensation claims. Based upon Mr. Wurdeman's response, there does not appear to be a valid reason why workers' compensation claims follow a different approval track. I would like to document our county's procedure for processing a worker's compensation claim as well as examining the other counties' law and procedures. From this research, we can provide the council with better direction. Should you have any questions, please feel free to contact me. Att. cc: Jay Sasan, Safety Coordinator Deputy Corporation Counsel Lester Ishado Legislative Assistant Walter Iida Comm. No. 603.005 File No. a~ r, r~: P / s P. FG stet. llate APR 0 4 2000 MTV,ee v~ ALAN S. KONISHI DONALD IKEDA Counry Clerk , ~ Deputy County Clerk ~EONSlP.4?~E R. KIRIU Legislative Auditor OFFICE OF THE COUNTY CLE~ 0 ; L3 17 Pfl 2 27 County ofHawaii Hawaii County Building 25 Aupuni S[reet ~ _ _ C..: Hilo, Hawaii 96710 _ _ / ~ February 10, 2000 TO: Richard Wurdeman Corporation Counsel FROM: Connie Kiri~,f; (l~A.J Legislative Auditor RE: Workers' Compensation Claims The County Council has questioned why Section 2-9, Hawaii County Code, has not applied to workers' compensation claims. The Council has not been involved in approving or denying workers' compensation claims in excess of $1,500. Does the authority of state law preempt the County Code? We also note that the Council has not received quarterly reports of settlements as required by law. cc: Assistant Corporation Counsel Ted Hong Council Members Stephen K. Yamashiro Richard Wurdeman M.ryor Coryomuon Counsel ~D1IYI~~J D# ~2ItUc`TtT OFFICE OF THE CORPORATION COUNSEL 10I Aupuni Street, Suite 325 ~ Hilo, Hawaii 96720-4262 ~ (808) 961-8251 ~ Pax (808) 96L8622 March 2, 2000 o ~ o m ~ m S~ ~ r -r~ ~ > ~ =:<<-' TO: CONNIE KIRIU ~ Legislative Auditor ..o c9' _ 'rr; ~ ~ FROM: RICHARD D. WURDEMAN Corporation Counsel RE: WORKER'S COMPENSATION CLAIMS You have asked the question why Section 2-9 of the Hawaii County Code does not apply to Worker's Compensation claims. The best answer I can give is that: 1. Historically, it has never applied. 2. Such settlements are not approved by the Corporation Counsel, but by the Safety Director and the Mayor. Until recently, when a Deputy Corporation Counsel was placed at the Worker's Compensation Office, these settlements often were made without any input from or knowledge by, anyone from this office. 3. These payments are not made from the Claims and Settlements Accounts. You have correctly reminded us that quarterly settlement reports have not been transmitted recently. The employee responsible for their preparation has been reminded, and is presently preparing the current report. RDW:b3 KIRI U-1VLoinp claims