reglab/housing_qa huggingface dataset:
HI Rev Stat § 386-57 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|386. Workers' Compensation Law|386-57 Legal status of right to compensation and compensation payments.

  §386-57 Legal status of right to compensation and compensation payments. (a) The right to compensation under this chapter shall not be assignable, and the right to compensation and compensation payments received shall be exempt from the reach of creditors.  (b) The right to compensation under this chapter shall have the same status as a lien or the same priority for the whole thereof with respect to the assets of the employer as are accorded by law to any unpaid wages for labor. [L 1963, c 116, pt of §1; Supp, §97-56; HRS §386-57] Case Notes  Does not bar use of portion of lump sum payment to pay child support arrearage. 6 H. App. 217, 716 P.2d 501 (1986).
HI Rev Stat § 386-71 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|386. Workers' Compensation Law|386-71 Duties and powers of the director in general.

Law Journals and Reviews One-Sided Bargain? Assessing the Fairness of Hawai €˜i's Workers' Compensation Law. 31 UH L. Rev. 553 (2009).  §386-71 Duties and powers of the director in general. The director of labor and industrial relations shall be in charge of all matters of administration pertaining to the operation and application of this chapter. The director shall have and exercise all powers necessary to facilitate or promote the efficient execution of this chapter and, in particular, shall supervise, and take all measures necessary for, the prompt and proper payment of compensation.  If an injury which may be compensable under this chapter is reported to, or comes to the notice of, the department of labor and industrial relations, the director and the director's staff shall investigate such injury to the extent as may appear necessary. The director shall cause to be printed and furnished free of charge to any employer or employee such blank forms as the director deems requisite to the performance of the director's functions. The blanks shall also be supplied by the director to the clerks of the respective circuit courts, who shall furnish the same to any employer or employee free of charge pursuant to any rules issued by the director. [L 1963, c 116, pt of §1; Supp, §97-70; HRS §386-71; gen ch 1985] Case Notes  Cited: 43 H. 173, 180 (1959).
HI Rev Stat § 386-71.5 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|386. Workers' Compensation Law|386-71.5 Rehabilitation unit.

  §386-71.5 Rehabilitation unit. There is established within the department of labor and industrial relations a rehabilitation unit. All professional and clerical employees of this unit shall be appointed and administered by the director. The rehabilitation unit shall have the duties and responsibilities provided in section 386-25. Employees of the unit shall be subject to chapter 76. [L 1980, c 224, §1; am L 2000, c 253, §150; am L 2018, c 188, §2]
HI Rev Stat § 386-71.6 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|386. Workers' Compensation Law|386-71.6 Workers' compensation benefits facilitator unit. (a) There is established within the department of labor and industrial relations the workers' compensation benefits facilitator unit. All professional and clerical employees of the unit shall be appointed by the director and shall be subject to chapter 76. (b) Facilitators of the unit shall have the following duties and responsibilities: (1) Assist injured workers in filing their workers' compensation claims under this chapter; (2) Assist insurers, employers, and providers; and (3) Facilitate the workers' compensation claims process. (c) All expenses incurred by the director in establishing the unit shall be paid from the special compensation fund. [L 1996, c 260, §1; am L 2000, c 253, §150]

  §386-71.6 Workers' compensation benefits facilitator unit. (a) There is established within the department of labor and industrial relations the workers' compensation benefits facilitator unit. All professional and clerical employees of the unit shall be appointed by the director and shall be subject to chapter 76.  (b) Facilitators of the unit shall have the following duties and responsibilities:  (1) Assist injured workers in filing their workers' compensation claims under this chapter;  (2) Assist insurers, employers, and providers; and  (3) Facilitate the workers' compensation claims process.  (c) All expenses incurred by the director in establishing the unit shall be paid from the special compensation fund. [L 1996, c 260, §1; am L 2000, c 253, §150]
HI Rev Stat § 386-72 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|386. Workers' Compensation Law|386-72 Rulemaking powers.

  §386-72 Rulemaking powers. In conformity with and subject to chapter 91, the director of labor and industrial relations shall make rules, not inconsistent with this chapter, which the director deems necessary for or conducive to its proper application and enforcement. [L 1963, c 116, pt of §1; Supp, §97-71; HRS §386-72; gen ch 1985; am L Sp 2005, c 11, § §7, 14]
HI Rev Stat § 386-73.5 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|386. Workers' Compensation Law|386-73.5 Proceedings to determine employment and coverage.

  §386-73.5 Proceedings to determine employment and coverage.  The director of labor and industrial relations shall have original jurisdiction over all controversies and disputes over employment and coverage under this chapter. Except in cases where services are specifically and expressly excluded from "employment" under section 386-1, it shall be presumed that coverage applies unless the party seeking exclusion is able to establish under both the control test and the relative nature of the work test that coverage is not appropriate under this chapter. There shall be a right of appeal from decisions of the director to the appellate board and thence to the intermediate appellate court, subject to chapter 602. [L 1996, c 94, §1; am L 2004, c 202, §43; am L 2006, c 94, §1; am L 2010, c 109, §1]
HI Rev Stat § 386-78 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|386. Workers' Compensation Law|386-78 Compromise.

  §386-78 Compromise. (a) No compromise in regard to a claim for compensation pending before the director shall be valid unless it is approved by decision of the director as conforming to this chapter and made a part of the decision.  (b) No compromise in regard to a claim for compensation shall be effected and approved in any appeal until after the director has been notified of the proposed terms thereof and has had an opportunity to be heard relative thereto. [L 1963, c 116, pt of §1; Supp, §97-77; HRS §386-78; am L 1969, c 17, §2; am L 1973, c 11, §1; am L 1982, c 59, §1; gen ch 1985; am L 1995, c 234, §12; am L 2014, c 25, § §1, 4] Note  The repeal and reenactment note at subsection (a) in the main volume took effect on June 30, 2016, pursuant to L 2014, c 25, §4. Case Notes  Where letter withdrawing compensability issue did not result in final disposition of case, claimants properly and timely filed request for attorney's fees and costs under provisions of administrative rule after appeals board's final decision and order. 84 H. 390 (App.), 935 P.2d 105 (1997).  Cited: 24 H. 97, 102 (1917); 31 H. 672, 673 (1930).
HI Rev Stat § 386-79 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|386. Workers' Compensation Law|386-79 Medical examination by employer's physician.

  §386-79 Medical examination by employer's physician. (a) After an injury and during the period of disability, the employee, whenever ordered by the director of labor and industrial relations, shall submit to examination, at reasonable times and places, by a duly qualified physician or surgeon designated and paid by the employer. The employee shall have the right to have a physician, surgeon, or chaperone designated and paid by the employee present at the examination, which right, however, shall not be construed to deny to the employer's physician the right to visit the injured employee at all reasonable times and under all reasonable conditions during total disability. The employee shall also have the right to record such examination by a recording device designated and paid for by the employee; provided that the examining physician or surgeon approves of the recording.  If an employee refuses to submit to, or the employee or the employee's designated chaperone in any way obstructs such examination, the employee's right to claim compensation for the work injury shall be suspended until the refusal or obstruction ceases and no compensation shall be payable for the period during which the refusal or obstruction continues.  (b) In cases where the employer is dissatisfied with the progress of the case or where major and elective surgery, or either, is contemplated, the employer may appoint a physician or surgeon of the employer's choice who shall examine the injured employee and make a report to the employer. If the employer remains dissatisfied, this report may be forwarded to the director.  Employer requested examinations under this section shall not exceed more than one per case unless good and valid reasons exist with regard to the medical progress of the employee's treatment. The cost of conducting the ordered medical examination shall be limited to the complex consultation charges governed by the medical fee schedule established pursuant to section 386-21(c). [L 1963, c 116, pt of §1; Supp, §97-78; HRS §386-79; gen ch 1985; am L 1995, c 234, §13; am L 1996, c 260, §4; am L 2017, c 172, § §1, 4; am L 2019, c 201, §1] Case Notes  Labor and industrial relations appeals board's failure to apply this section, as amended, in its decision and order constituted harmless error, where record reflected that the reason for the 1995 medical examination ordered by the director related directly "to the medical progress of employee's treatment" in accordance with the mandate of this section as amended. 94 H. 487, 17 P.3d 219 (2001).  Cited: 760 F. Supp. 2d 1005 (2010).
HI Rev Stat § 386-80 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|386. Workers' Compensation Law|386-80 Examination by impartial physician.

  §386-80 Examination by impartial physician. The director of labor and industrial relations may appoint a duly qualified impartial physician to examine the injured employee and to report. The fees for such examination shall be paid from the funds appropriated by the legislature for the use of the department of labor and industrial relations. [L 1963, c 116, pt of §1; Supp, §97-79; HRS §386-80]
HI Rev Stat § 386-81 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|386. Workers' Compensation Law|386-81 Notice of injury; waiver.

  §386-81 Notice of injury; waiver. No proceedings for compensation under this chapter shall be maintained unless written notice of the injury has been given to the employer as soon as practicable after the happening thereof. The notice may be given by the injured employee or by some other person on the employee's behalf. Failure to give such notice shall not bar a claim under this chapter if[:]  (1) The employer or the employer's agent in charge of the work in the place where the injury was sustained had knowledge of the injury;  (2) Medical, surgical, or hospital service and supplies have been furnished to the injured employee by the employer; or   (3) For some satisfactory reason the notice could not be given and the employer has not been prejudiced by such failure.  Unless the employer is prejudiced thereby notice of injury shall be deemed to have been waived by the employer if objection to the failure to give such notice is not raised at the first hearing on a claim in respect of such injury of which the employer is given reasonable notice and opportunity to be heard. L 1963, c 116, pt of §1; Supp, §97-90; HRS §386-81; gen ch 1985 Revision Note  In the first paragraph, (1) to (3) reformatted as paragraphs (1) to (3) and in paragraph (1), "or" deleted pursuant to §23G-15. Case Notes  Notice. 24 H. 97 (1917).  Neither technical nor formal notice is required. 24 H. 731 (1919).  Furnishing medical aid. 32 H. 503 (1932).  Sufficiency of knowledge of injury. 32 H. 503 (1932).  Time limitation runs from date of accident, not time of discovery of permanency of injury. 32 H. 920 (1933).  Minors. 32 H. 928 (1933).  Time limitation runs from date employee is disabled by injury from working; notice dispensed with. 34 H. 65 (1937).  Time for giving of notice; there is compliance where claimant gives notice after claimant becomes aware or should have become aware that the injury may be compensable. 50 H. 519, 445 P.2d 34 (1968).  "Satisfactory reason" to excuse late notice. 55 H. 558, 523 P.2d 832 (1974).  Cited: 24 H. 97, 101 (1917).
HI Rev Stat § 386-83 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|386. Workers' Compensation Law|386-83 When claim within specified time is unnecessary or waived.

  §386-83 When claim within specified time is unnecessary or waived. (a) If payments of income and indemnity benefits have been made voluntarily by the employer, the making of a claim within the time prescribed in section 386-82 shall not be required. No such payments shall be deemed to have been made if the payments are in the nature of a gift and not intended as compensation, or are made by welfare or benefit organizations operating under direction or control of the employer, or are for medical, surgical, or hospital services and supplies, or are made as wages during periods of partial or total disability if the employer notifies the director of labor and industrial relations at the time in writing that such payments of wages are not in lieu of and shall not be considered as compensation.  (b) Unless the employer is prejudiced thereby, failure to make a claim within the time prescribed in section 386-82 shall not bar a claim to compensation if objection to such failure is not raised at the first hearing on the claim of which the employer is given reasonable notice and opportunity to be heard. [L 1963, c 116, pt of §1; Supp, §97-92; HRS §386-83] Case Notes  Payment of wages for work actually performed by employee on hourly wage basis is not payment of compensation for injuries. 54 H. 98, 503 P.2d 434 (1972).  Where employer objects at first hearing to the delay in filing, there is no waiver of limitation period, notwithstanding employer might have indicated, prior to hearing an intent to waive the limitation period. 54 H. 98, 503 P.2d 434 (1972).  Tolling of limitation period. 2 H. App. 136, 627 P.2d 288 (1981).  Cited: 24 H. 97, 101 (1917); 24 H. 731, 738 (1919).
HI Rev Stat § 386-84 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|386. Workers' Compensation Law|386-84 Limitation of time with respect to minors and mentally incompetent.

  §386-84 Limitation of time with respect to minors and mentally incompetent. No limitation of time provided in this chapter shall run as against any person who is mentally incompetent or a minor dependent so long as the person or minor has no guardian or next friend. [L 1963, c 116, pt of §1; Supp, §97-93; HRS §386-84; gen ch 1985] Case Notes  Limitation does not run against minors, even though represented by next friend prosecuting an action in tort for wrongful death. 32 H. 928 (1933).  Cited: 24 H. 97, 101 (1917); 32 H. 503, 506 (1932).
HI Rev Stat § 386-87.1 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|386. Workers' Compensation Law|386-87.1 Standing to intervene in appeals.

  §386-87.1 Standing to intervene in appeals. In any proceeding before the appellate board under section 386-87, a prepaid health care plan contractor, as defined in section 393-3, may participate as a party in interest for the sole purpose of asserting its subrogation rights or other reimbursement right against any employer or insurance carrier for medical benefits which were previously paid by the contractor provided however any reimbursement shall be in accordance with the appropriate health care provider fee schedule. A prepaid health care plan contractor shall not have a right to intervene or participate on any other contested issue including the issue of compensability or entitlement to benefits before the appellate board. [L 1985, c 296, §21]
HI Rev Stat § 386-88 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|386. Workers' Compensation Law|386-88 Judicial review.

  §386-88 Judicial review. The decision or order of the appellate board shall be final and conclusive, except as provided in section 386-89, unless within thirty days after mailing of a certified copy of the decision or order, the director or any other party appeals to the intermediate appellate court, subject to chapter 602, by filing a written notice of appeal with the appellate board, or by electronically filing a notice of appeal in accordance with the Hawaii rules of appellate procedure. A fee in the amount prescribed by section 607-5 for filing a notice of appeal from a circuit court shall be paid to the appellate board for filing the notice of appeal from the board, which together with the appellate court costs shall be deemed costs of the appellate court proceeding. The appeal shall be on the record, and the court shall review the appellate board's decision on matters of law only. No new evidence shall be introduced in the appellate court, except that if evidence is offered that is clearly newly discovered evidence and material to the just decision of the appeal, the court may admit the evidence. [L 1963, c 116, pt of §1; am L 1965, c 156, §1; Supp, §97-97; HRS §386-88; am L 1969, c 244, §2e; am L 1974, c 145, §4; am L 1979, c 111, §19; am L 2004, c 202, §44; am L 2006, c 94, §1; am L 2010, c 109, §1; am L 2013, c 14, §2] Cross References  Appeals, see chapter 91. Rules of Court  Appeal, see Hawaii Rules of Appellate Procedure. Case Notes  Constitutional. 24 H. 97 (1917).  Appeal is upon both law and facts and is trial of cause de novo. 24 H. 731 (1919); 40 H. 660 (1955).  This section and §386-73 supersede §91-14 and remove the circuit court from the appellate process with regard to proceedings brought under chapter 386. 53 H. 640, 500 P.2d 746 (1972).  Appeals to supreme court from appeals board are governed by Administrative Procedure Act which sets out the "clearly erroneous" standard of review. 57 H. 296, 555 P.2d 855 (1976).  Appeals are governed by chapter 91. 2 H. App. 219, 629 P.2d 125 (1981).  Cited: 56 H. 544, 545 P.2d 687 (1976); 56 H. 552, 545 P.2d 692 (1976).  Cited: 134 H. 99 (App.), 332 P.3d 701 (2014).
HI Rev Stat § 386-90 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|386. Workers' Compensation Law|386-90 Conforming prior decisions on appeal.

  §386-90 Conforming prior decisions on appeal. Upon the filing of a certified copy of a decision of the director rendered pursuant to section 386-89 with the appellate board, the board shall revoke or modify its prior decision so that it will conform to the decision of the director. [L 1963, c 116, pt of §1; Supp, §97-99; HRS §386-90; am L 1969, c 244, §2f]
HI Rev Stat § 386-92 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|386. Workers' Compensation Law|386-92 Default in payments of compensation, penalty.

  §386-92 Default in payments of compensation, penalty. If any compensation payable under the terms of a final decision or judgment is not paid by a self-insured employer or an insurance carrier within thirty-one days after it becomes due, as provided by the final decision or judgment, or if any temporary total disability benefits are not paid by the employer or carrier within ten days, exclusive of Saturdays, Sundays, and holidays, after the employer or carrier has been notified of the disability, and where the right to benefits are not controverted in the employer's initial report of industrial injury or where temporary total disability benefits are terminated in violation of section 386-31, there shall be added to the unpaid compensation an amount equal to twenty per cent thereof payable at the same time as, but in addition to, the compensation, unless the nonpayment is excused by the director after a showing by the employer or insurance carrier that the payment of the compensation could not be made on the date prescribed therefor owing to the conditions over which the employer or carrier had no control. [L 1963, c 116, pt of §1; Supp, §97-101; HRS §386-92; am L 1971, c 159, §1; am L 1979, c 66, §4; gen ch 1985; am L 1995, c 234, §14] Case Notes  Administrative penalties authorized by this section and §386-31(b) not intended to provide an injured worker's exclusive remedy for injuries resulting from an insurer's tortious delay or termination of benefits. 83 H. 457, 927 P.2d 858 (1996).  Employer was not subject to penalties for failing to make immediate payments of temporary total disability even though the claim was not controverted in the employer's initial injury report, given that: (1) employer was unable to controvert claimant's shoulder injury in the initial injury report because claimant had not complained of any shoulder injury, but employer did controvert the shoulder injuries as soon as claimant made those claims; and (2) holding that employer had not controverted claimant's shoulder injury for purposes of this section merely because employer had not done so in the initial injury report would have the effect of allowing employees to subsequently add any injuries to their claims and prevent their employers from controverting the additional injuries without paying a penalty. 136 H. 448, 363 P.3d 296 (2015).
HI Rev Stat § 386-94 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|386. Workers' Compensation Law|386-94 Attorneys, physicians, other health care providers, and other fees

  §386-94 Attorneys, physicians, other health care providers, and other fees. Claims for services shall not be valid unless approved by the director or, if an appeal is had, by the appeals board or court deciding the appeal. Any claim so approved shall be a lien upon the compensation in the manner and to the extent fixed by the director, the appeals board, or the court.  In approving fee requests, the director, appeals board, or court may consider factors such as the attorney's skill and experience in state workers' compensation matters, the amount of time and effort required by the complexity of the case, the novelty and difficulty of issues involved, the amount of fees awarded in similar cases, benefits obtained for the claimant, and the hourly rate customarily awarded attorneys possessing similar skills and experience. In all cases, reasonable attorney's fees shall be awarded.  Any person who receives any fee, other consideration, or gratuity on account of services so rendered, without approval, in conformity with the preceding paragraph, shall be fined by the director no more than $25,000. [L 1963, c 116, pt of §1; Supp, §97-103; HRS §386-94; am L 1985, c 296, §6; am L 1988, c 37, §2; am L 1993, c 301, §1; am L Sp 2005, c 11, §9; am L 2020, c 44, §7] Case Notes  The disability compensation division of the department of labor and industrial relations must set forth its reasons for reducing an attorney's fee request for appropriate appeals board and possible judicial review of the reduction pursuant to §91-14; the format of an order reducing attorney's fees and/or costs need only be sufficient to enable appropriate review for abuse of discretion. 132 H. 320, 321 P.3d 671 (2014).  The intermediate court of appeals did not err in concluding that the disability compensation division of the department of labor and industrial relations was not required to hold a contested case hearing on petitioner's request to reopen petitioner's attorney's fees and costs request. 132 H. 320, 321 P.3d 671 (2014).