reglab/housing_qa huggingface dataset:
HI Rev Stat § 386-24 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|386. Workers' Compensation Law|386-24 Medical rehabilitation.

  §386-24 Medical rehabilitation. The medical services and supplies to which an employee suffering a work injury is entitled shall include such services, aids, appliances, apparatus, and supplies as are reasonably needed for the employee's greatest possible medical rehabilitation. The director of labor and industrial relations, on competent medical advice, shall determine the need for or sufficiency of medical rehabilitation services furnished or to be furnished to the employee and may order any needed change of physician, hospital or rehabilitation facility. [L 1963, c 116, pt of §1; Supp, §97-23; HRS §386-24; gen ch 1985] Case Notes  Neuromonics device was "reasonably needed" for treating employee's work-related tinnitus in order for employee to attain the "greatest possible medical rehabilitation", where: (1) none of the three independent medical examiners retained by the employer had opined that the device was not reasonably needed or had any experience with the device; (2) the opinion of the doctor who recommended that employee be fitted with the device was based upon experience with the device and medical expertise specifically related to studying and treating diseases and disorders of the ear; and (3) the nature of employee's injury and employee's treatment history established a need to augment, albeit with a new method, fourteen years of unsuccessful strategies to treat employee's tinnitus. 136 H. 217, 361 P.3d 444 (2015).
HI Rev Stat § 386-26 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|386. Workers' Compensation Law|386-26 Guidelines on frequency of treatment and reasonable utilization of health care and services.

  §386-26 Guidelines on frequency of treatment and reasonable utilization of health care and services. The director shall issue guidelines for the frequency of treatment and for reasonable utilization of medical care and services by health care providers that are considered necessary and appropriate under this chapter. The guidelines shall not be considered as an authoritative prescription for health care, nor shall they preclude any health care provider from drawing upon the health care provider's medical judgment and expertise in determining the most appropriate care.  The guidelines shall be adopted pursuant to chapter 91 and shall not interfere with the injured employee's rights to exercise free choice of physicians under section 386-21.  In addition, the director shall adopt updated medical fee schedules referred to in section 386-21, and where deemed appropriate, shall establish separate fee schedules for services of health care providers as defined in section 386-1 to become effective no later than June 30, 1986, in accordance with chapter 91. [L 1985, c 296, pt of §5; am L 1995, c 234, §8; am L 1996, c 260, §3; am L Sp 2005, c 11, §5] Cross References  Publication of fees by prepaid health care plan contractors, see §386-21.5.
HI Rev Stat § 386-28 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|386. Workers' Compensation Law|386-28 Opioid therapy; qualifying injured employees; informed consent process.

 §386-28 Opioid therapy; qualifying injured employees; informed consent process. (a) Beginning on July 1, 2019, any health care provider authorized to prescribe opioids shall adopt and maintain a written policy or policies that include execution of a written agreement to engage in an informed consent process between the health care provider authorized to prescribe opioids and a qualifying injured employee.  (b) If the qualifying injured employee is unable to physically or mentally execute the written agreement pursuant to subsection (a), due to the injury, then the physician shall execute the agreement as soon as the employee's condition improves. At no time shall the employee be responsible for the payment of the medication prescribed.  (c) The department shall make available on its website a copy of the template for an opioid therapy informed consent process agreement developed by the department of health pursuant to section 329-38.5(b). The template shall be posted to the department's website no later than December 31, 2018.  (d) For the purposes of this section, "qualifying injured employee" means:  (1) An injured employee requiring opioid treatment for more than three months;  (2) An injured employee who is prescribed benzodiazepines and opioids together; or  (3) An injured employee who is prescribed a dose of opioids that exceeds ninety morphine equivalent doses.  (e) A violation of this section shall not be subject to the penalty provisions of part IV of chapter 329. [L 2018, c 155, pt of §2]
HI Rev Stat § 386-29 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|386. Workers' Compensation Law|386-29 Qualifying injured employees; initial concurrent prescriptions; opioids and benzodiazepines.

  §386-29 Qualifying injured employees; initial concurrent prescriptions; opioids and benzodiazepines. (a) Initial concurrent prescriptions for opioids and benzodiazepines shall not be for longer than seven consecutive days unless a supply of longer than seven days is determined to be reasonably needed for the treatment of:  (1) Pain experienced while the qualifying injured employee is in post-operative care;  (2) Chronic pain and pain management;  (3) Substance abuse or opioid or opiate dependence;  (4) Cancer;  (5) Pain experienced while the qualifying injured employee is in palliative care; or  (6) Pain experienced while the qualifying injured employee is in hospice care; provided that if a health care provider authorized to prescribe opioids issues a concurrent prescription for more than a seven-day supply of an opioid and benzodiazepine, the health care provider shall document in the qualifying injured employee's medical record the condition for which the health care provider issued the prescription and that an alternative to the opioid and benzodiazepine was not appropriate treatment for the condition.  (b) After an initial concurrent prescription for opioids and benzodiazepines has been made, a health care provider authorized to prescribe opioids may authorize subsequent prescriptions through a telephone consultation with the qualifying injured employee when the health care provider deems such action to be reasonably needed for post-operative care and pain management; provided that the health care provider shall consult with a qualifying injured employee in person at least once every ninety days for the duration during which the health care provider concurrently prescribes opioids and benzodiazepines to the qualifying injured employee.  (c) For the purposes of this section, "qualifying injured employee" has the same meaning as in section 386-28. [L 2018, c 155, pt of §2]
HI Rev Stat § 386-34 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|386. Workers' Compensation Law|386-34 Payment after death.

  §386-34 Payment after death. Where an employee is entitled to weekly income and indemnity benefits for permanent total or permanent partial disability and dies from any cause other than the compensable work injury, payment of any unpaid balance of the benefits to the extent that the employer is liable therefor, but not to exceed the amount prescribed under section 386-32(a) for other cases, shall be made to the employee's dependents as provided herein. If, at the time of the death, the employee is entitled to any benefits from the special compensation fund, the benefits shall also be paid to the employee's dependents as provided herein:  (1) To a dependent widow, widower, or reciprocal beneficiary, for the use of the widow, widower, or reciprocal beneficiary, and the dependent children, if any. The director of labor and industrial relations may from time to time apportion such compensation among the widow, widower, or reciprocal beneficiary, and any dependent children.  (2) If there be no dependent widow, widower, or reciprocal beneficiary, but one or more dependent children, then to such child or children to be divided equally among them if more than one.  (3) If there be no dependent widow, widower, reciprocal beneficiary, or child, but there be a dependent parent, then to such parent, or if both parents be dependent, to both of them, to be divided equally between them; or if there be no such parents, but a dependent grandparent, then to such grandparent, or if more than one, then to all of them to be divided equally among them.  (4) If there be no dependent widow, widower, reciprocal beneficiary, child, parent, or grandparent, but there be a dependent grandchild, brother, or sister, then to such dependent, or if more than one, then to all of them to be divided equally among them.  (5) If there be no such dependents, the unpaid balance of the compensation shall be paid in a lump sum into the special compensation fund. [L 1963, c 116, pt of §1; Supp, §97-33; HRS §386-34; am L 1969, c 85, §1; am L 1972, c 42, §3; am L 1973, c 47, §2; gen ch 1985; am L 1997, c 383, §52] Attorney General Opinions  Cited in discussion of hanai children. Att. Gen. Op. 93-1.
HI Rev Stat § 386-42 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|386. Workers' Compensation Law|386-42 Dependents.

  §386-42 Dependents. (a) The following persons, and no others, shall be deemed dependents and entitled to income, and indemnity benefits under this chapter:  (1) A child who is:  (A) Unmarried and under eighteen years;  (B) Unmarried and under twenty years if the child is a full-time student at a high school, business school, or technical school, or unmarried and under twenty-two years if the child is a full-time undergraduate student at a college;  (C) Unmarried and incapable of self-support; or  (D) Married and under eighteen years, if actually dependent upon the deceased;  (2) The surviving spouse or reciprocal beneficiary, if either living with the deceased at the time of the injury or actually dependent upon the deceased;  (3) A parent or grandparent, if actually dependent upon the deceased; and  (4) A grandchild, brother, or sister, if under eighteen years or incapable of self-support, and actually and wholly dependent upon the deceased.  (b) A person shall be deemed to be actually dependent upon the deceased, if the deceased contributed all or a substantial portion of the living expenses of that person at the time of the injury.  (c) Alien dependents not residing in the United States at the time of the injury or leaving the United States subsequently shall maintain annual proof of such dependency as required by the director of labor and industrial relations. [L 1963, c 116, pt of §1; Supp, §97-41; am L 1967, c 213, §1 and c 257, §1; HRS §386-42; am L 1971, c 87, §1; am L 1974, c 151, §1; gen ch 1985; am L 1997, c 383, §54; am L 2016, c 55, §13] Case Notes  Alien Japanese dependent upon leaving the United States loses all rights to benefits; "leaving the U. S." construed; an alien widow leaving the U.S. ceases to be a "dependent". 27 H. 431 (1923).  Illegitimate children. 31 H. 814 (1931).  Nonresident alien. 32 H. 118 (1931).  Alien "actually residing". 32 H. 699 (1933).  Citizen of Philippine Republic. 39 H. 258 (1952).  Actual dependency of parents on child. 43 H. 173 (1959).  Part-time students, as defined by each individual educational institution, are not entitled to compensation under subsection (a) and §386-43(a). 84 H. 390 (App.), 935 P.2d 105 (1997).  Cited: 41 H. 442, 447 (1956).
HI Rev Stat § 386-43 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|386. Workers' Compensation Law|386-43 Duration of dependents' weekly benefits.

  §386-43 Duration of dependents' weekly benefits. (a) The weekly benefits to dependents shall continue:  (1) To a surviving spouse or reciprocal beneficiary, until death, remarriage, marriage, or entry into a new reciprocal beneficiary relationship with two years' compensation in one sum upon remarriage, marriage, or entry into a new reciprocal beneficiary relationship;  (2) To or for a child:  (A) So long as unmarried, until attainment of the age of eighteen;  (B) So long as unmarried, until attainment of the age of:   (i) Twenty if the child is a full-time student at a high school, business school, technical school; or  (ii) Twenty-two if the child is a full-time undergraduate student at a college;  (C) So long as unmarried, until termination of the child's incapability of self-support; or  (D) Until marriage, except that in the case of a married child under eighteen, weekly benefits shall continue during the period of actual dependency until attainment of the age of eighteen;  (3) To a parent or grandparent, for the duration, whether continuous or not, of the actual dependency, provided that the amount of the weekly benefits shall at no time exceed the amount payable at the time of death; and  (4) To or for a grandchild, brother, or sister, for the period in which that grandchild, brother, or sister remains actually and wholly dependent until attainment of the age of eighteen or termination of the incapability of self-support.  (b) The aggregate weekly benefits payable on account of any one death shall not exceed the product of three hundred twelve times the effective maximum weekly benefit rate prescribed in section 386-31, but this limitation shall not apply with respect to benefits to a surviving spouse or reciprocal beneficiary who is physically or mentally incapable of self-support and unmarried as long as that surviving spouse or reciprocal beneficiary remains in that condition and to benefits to a child and to benefits to an unmarried child over eighteen incapable of self-support as long as that unmarried child is otherwise entitled to compensation.  (c) Upon the cessation under this section of compensation to or for any person, the benefits of the remaining dependents in the same class for any further period during which they are entitled to weekly payments shall be in the amounts which they would have received, had they been the only dependents entitled to benefits at the time of the employee's death. [L 1963, c 116, pt of §1; Supp, §97-42; am L 1966, c 6, §2; am L 1967, c 257, §2; HRS §386-43; am L 1974, c 151, §2 and c 153, §5; am L 1975, c 4, §1; gen ch 1985; am L 1997, c 383, §55; am L 2016, c 55, §14] Case Notes  The date-of-death maximum weekly benefit rate should be used to calculate death benefits. 109 H. 255, 125 P.3d 476 (2005).  Part-time students, as defined by each individual educational institution, are not entitled to compensation under subsection (a) and §386-42(a). 84 H. 390 (App.), 935 P.2d 105 (1997).  Cited: 27 H. 431, 435 (1923).
HI Rev Stat § 386-44 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|386. Workers' Compensation Law|386-44 Effect of erroneous payment; insanity of beneficiary.

  §386-44 Effect of erroneous payment; insanity of beneficiary. If an employer in good faith pays weekly benefits to a dependent who is inferior in right to another dependent or with whom another dependent is entitled to share, the payment shall discharge the employer, unless and until such other dependent notifies the employer of such other dependent's claim. In case the employer is in doubt as to the respective rights of rival claimants, the employer may institute proceedings before the director of labor and industrial relations for determination of the proper beneficiary.  Benefits to a person who is insane shall be paid to the person's guardian. [L 1963, c 116, pt of §1; Supp, §97-43; HRS §386-44; gen ch 1985] Case Notes  Cited: 27 H. 431, 438 (1923).
HI Rev Stat § 386-51.5 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|386. Workers' Compensation Law|386-51.5 Limited liability in concurrent employment.

  §386-51.5 Limited liability in concurrent employment. Where an employee is concurrently engaged in more than one employment covered by this chapter and sustains a personal injury in one employment under conditions specified in section 386-3, the liability of the employer shall be limited to the benefits as would be payable had the employee no other employment than the one in which the employee was injured. The balance of the employee's benefits shall be paid from the special compensation fund, except that benefits for disability rated as a percentage of total impairment of physical or mental function of the whole person shall be the sole liability of the employer. [L 1970, c 53, §2; gen ch 1985, 1993; am L 1998, c 281, §1] Case Notes  Section does not address the circumstance of multiple concurrent employers being simultaneously liable for the employee's benefits; in such circumstances, the director may apportion liability among the liable employers; the apportionment of liability may be in proportion to the wages earned by the employee in the employ of each of those employers. 94 H. 70, 9 P.3d 382 (2000).
HI Rev Stat § 386-52 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|386. Workers' Compensation Law|386-52 Credit for voluntary payments and supplies in kind.

  §386-52 Credit for voluntary payments and supplies in kind. (a) Any payments made by the employer to the injured employee during the employee's disability or to the employee's dependents which by the terms of this chapter were not payable when made, shall be deducted from the amount payable as compensation subject to the approval of the director; provided that:  (1) The employer notifies the injured employee and the director in writing of any such credit request stating the reasons for such credit and informing the injured employee that the employee has the right to file a written request for a hearing to submit any evidence to dispute such a credit;  (2) The deduction shall be made by shortening the period during which the compensation must be paid, or by reducing the total amount for which the employer is liable and not the amount of weekly benefits;  (3) If overpayment cannot be credited, the director shall order the claimant to reimburse the employer. Failure to reimburse the employer shall entitle the employer to file for enforcement of such a decision in accordance with section 386-91.  (b) If the employer continues to furnish to the injured employee, during the employee's disability, or to the employee's dependents, during their entitlement to weekly benefits, board, lodging, fuel, and other advantages the value of which has been included in the calculation of wages as provided in section 386-1, the furnishing of such advantages may be considered as payment in kind of that portion of the compensation which is based on such remuneration in kind; but if at any time during the compensation period the employer ceases to furnish such advantages, no further deduction of the value of such advantages as payment in kind from the compensation shall be permissible. [L 1963, c 116, pt of §1; Supp, §97-51; HRS §386-52; am L 1979, c 66, §2; gen ch 1985] Case Notes  Claimant required to reimburse employer/carrier where claimant's attendant care services were not "constantly necessary" under §386-23 and benefits were thus not "payable when made" and employer/carrier letter satisfied notice requirements of this section. 83 H. 361, 926 P.2d 1284 (1996).
HI Rev Stat § 386-53 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|386. Workers' Compensation Law|386-53 Nonweekly periodic payments.

  §386-53 Nonweekly periodic payments. On the application of either party, the director may, having due regard for the welfare of the employee or the employee's dependents and the convenience of the employee's employer, authorize benefits to be paid fortnightly, semimonthly, monthly or quarterly instead of weekly. [L 1963, c 116, pt of §1; Supp, §97-52; HRS §386-53; am L 1969, c 18, §2; gen ch 1985]
HI Rev Stat § 386-54 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|386. Workers' Compensation Law|386-54 Commutation of periodic payments.

  §386-54 Commutation of periodic payments. Upon application of the disabled employee, the employee's dependents or the employer, the director of labor and industrial relations may order that the periodic benefit payments be commuted to one or more lump sum payments equal to the present value at the time when the lump sum payments are due of the future benefit payments, computed at four per cent true discount compounded annually, if the director finds that such commutation is in the best interest of the employee or the employee's dependents and does not impose undue hardship upon the employer.  The probability of the death of the disabled employee or of a dependent entitled to benefits before the expiration of the period during which the employee or dependent is entitled to receive such payments and the probability of the remarriage of the spouse shall be determined in accordance with the latest United States Life Tables and the American Remarriage Tables, respectively, as adjusted and corrected on the basis of the most recent available experience, or in accordance with any other appropriate actuarial tables selected by the director, upon advice of the chief actuary of the Social Security Administration. The probability of the happening of any other contingency affecting the amount or duration of the benefit payments shall not be considered.  Payment of the lump sums shall discharge the employer of the employer's liability for the corresponding income and indemnity benefits. [L 1963, c 116, pt of §1; Supp, §97-53; HRS §386-54; am L 1974, c 157, §1; gen ch 1985] Law Journals and Reviews  Administering Justice or Just Administration: The Hawaii Supreme Court and the Intermediate Court of Appeals. 14 UH L. Rev. 271 (1992). Case Notes  Board may make lump sum payments not less than the present worth of installments. 31 H. 672 (1930).
HI Rev Stat § 386-55 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|386. Workers' Compensation Law|386-55 Trustee in case of lump sum payments.

  §386-55 Trustee in case of lump sum payments. Whenever for any reason the director of labor and industrial relations deems it advisable, any lump sum which is payable as provided in section 386-54 shall be paid to a suitable individual or corporation appointed by the circuit judge in whose jurisdiction the work injury occurred as trustee to administer or apply the same for the benefit of the disabled worker or the dependent entitled thereto in the manner determined by the director. The receipt of the trustee for the amount so paid shall discharge the employer of the employer's liability. [L 1963, c 116, pt of §1; Supp, §97-54; HRS §386-55; gen ch 1985]
HI Rev Stat § 386-56 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|386. Workers' Compensation Law|386-56 Payment from the special compensation fund in case of default.

  §386-56 Payment from the special compensation fund in case of default. Where an injured employee or the employee's dependents fail to receive prompt and proper compensation and this default is caused through no fault of the employee, the director shall pay the full amount of all compensation awards and benefits from the special compensation fund to the employee or dependent.  The employer, upon order of the director, shall reimburse the special compensation fund for the sums paid therefrom under this section, and the fund, represented by the director, shall be subrogated to all the rights and remedies of the individual receiving the payments.  In case a defaulting employer moves to another state without reimbursing the special compensation fund, the director shall be authorized to contract, on a contingent fee basis, with a private collection agency in that state to effect collection from the employer. [L 1963, c 116, pt of §1; Supp, §97-55; HRS §386-56; am L 1971, c 86, §1; am L 1985, c 296, §18; gen ch 1985]