reglab/housing_qa huggingface dataset:
HI Rev Stat § 392-27 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|392. Temporary Disability Insurance|392-27 Ineligibility in certain cases.

  §392-27 Ineligibility in certain cases. An individual shall not be eligible to receive temporary disability benefits:  (1) For any period of disability during which the individual would be disqualified from receiving benefits under the Hawaii employment security law by reason of unemployment due to a stoppage of work existing because of a labor dispute for the duration of such disqualification.  (2) If the director finds that the individual has knowingly made a false statement or representation of a fact or knowingly failed to disclose a material fact in order to obtain benefits under this chapter to which the individual is not otherwise entitled. The ineligibility shall be for a period determined by the director, but shall not exceed the period of disability with respect to which the false statement or representation was made or the nondisclosure occurred.  (3) For any period of disability due to wilfully and intentionally self-inflicted injury or to injury sustained in the commission of a criminal offense specified in title 37.  (4) For any day of disability during which the employee performed work for remuneration or profit, except that, if an employee returning to work suffers a relapse after performing work for less than a full day, the employee shall be paid benefits or be given waiting period credit, provided the employee's wages for the partial day's work did not equal or exceed the prorated disability benefits to which the employee is entitled. The amount of the benefit payable is derived by subtracting the gross wages received for performing less than a full day's work, from the prorated disability benefits to which the employee is entitled.  (5) Unless the claim for disability benefits is filed within ninety days after the commencement of the period of disability or as soon thereafter as is reasonably possible. [L 1969, c 148, pt of §1; am L 1971, c 109, §1(c); am imp L 1972, c 9, §1; am L 1983, c 205, §1]
HI Rev Stat § 392-28 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|392. Temporary Disability Insurance|392-28 Duplication of benefits not permitted.

  §392-28 Duplication of benefits not permitted. No temporary disability benefits shall be payable for any period of disability for which the employee is entitled to receive:  (1) Weekly benefits under the Employment Security Law or similar laws of this State or of any other state or of the United States, or under any temporary disability benefits law of any other state or of the United States except as provided in section 392-66.  (2) Weekly disability insurance benefits under 42 United States Code Annotated [section] 423.  (3) Weekly benefits for total disability under the Workers' Compensation Law of this State or any other state or of the United States, except benefits for permanent partial or permanent total disability previously incurred. If the claimant does not receive benefits under such workers' compensation law and the claimant's entitlement to such benefits is seriously disputed, the employee, if otherwise eligible, shall receive temporary disability benefits under this chapter, but any insurer or employer or the trust fund for disability benefits providing such benefits shall be subrogated, as hereinafter provided, to the employee's right to benefits under the workers' compensation law for the period of disability for which the employee received benefits under this chapter to the extent of the benefits so received.  (4) Indemnity payments for wage loss under any applicable employers' liability law of this State, or of any other state or of the United States. If an employee has received benefits under this chapter for a period of disability for which the employee is entitled to such indemnity payments, any insurer or employer or the trust fund for disability benefits providing such benefits shall be subrogated to the employee's right to such indemnity payments in the amount of the benefits paid under this chapter as hereinafter provided. [L 1969, c 148, pt of §1; am L 1975, c 41, §1; gen ch 1985; am L 2013, c 100, §8]
HI Rev Stat § 392-29 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|392. Temporary Disability Insurance|392-29 No assignment of benefits; exemptions from attachment, etc.

  §392-29 No assignment of benefits; exemptions from attachment, etc. No assignment, pledge, or encumbrance of any right to benefits which are or may become due or payable under this chapter shall be valid; and such rights to benefits shall be exempt from levy, execution, attachment, garnishment, or any other remedy whatsoever provided for the collection of debt. No waiver of any exemption provided for in this section shall be valid. [L 1969, c 148, pt of §1]
HI Rev Stat § 392-42 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|392. Temporary Disability Insurance|392-42 Notice of insurance.

  §392-42 Notice of insurance. If payment of disability benefits is provided for in whole or in part by insurance pursuant to section 392-41(a)(1), (4), or (5), the employer or insurer shall forthwith file with the director in form prescribed by the director a notice of the employer's or insurer's insurance together with a statement of benefits provided by the policy. If an employer or insurer fails to file the notice of insurance within thirty days after purchase of insurance, the director may levy a penalty of not more than $10 for each delinquent notice, unless good cause for failure to file can be shown by the employer or insurer. [L 1969, c 148, pt of §1; am L 1971, c 109, §1(e); gen ch 1985]
HI Rev Stat § 392-42.5 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|392. Temporary Disability Insurance|392-42.5 Insurer's requirements; failure to maintain a claims service office; penalty; injunction.

  §392-42.5 Insurer's requirements; failure to maintain a claims service office; penalty; injunction. (a) Each insurer shall maintain a complete claims service office or engage an independent claims adjusting service as its claims agent in this State with draft authority for the processing of temporary disability insurance payments.  (b) If an insurer fails to comply with subsection (a), the insurer shall be subject to a civil penalty of not less than $2,500 or $100 for every day during which such failure continues, whichever sum is greater, to be recovered in an action brought by the director in the name of the State, and the amount so collected shall be paid into the trust fund created by section 392-61. The director, in the director's discretion, for good cause shown, may remit all or any part of the penalty in excess of $2,500, if the insurer in default forthwith complies with subsection (a). With respect to such actions, the attorney general shall enforce this subsection if so requested by the director.  (c) If any insurer violates subsection (a) for a period of thirty days, the insurer may be enjoined by the circuit court from carrying on the insurer's business any place in the State so long as the violation continues. The action for injunction shall be commenced by the attorney general if so requested by the director. [L 1991, c 113, §1; am L 2013, c 100, §8]
HI Rev Stat § 392-43.5 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|392. Temporary Disability Insurance|392-43.5 Payments of premium for ineligible employees not permitted.

  §392-43.5 Payments of premium for ineligible employees not permitted. An insurer providing benefits for the employees of an employer or an association of employers, shall not require the payment of premiums from such employer or association of employers for employees who do not meet the eligibility requirements of section 392-25. However, in the case of employees who concurrently work for more than one employer and are deemed eligible to receive benefits by combining the wages earned and hours worked of the two or more employments, the insurer shall require the payment of premiums in accordance with section 392-43. The employers or association of employers shall ensure that eligible employees with concurrent employments are provided the required coverage. [L 1977, c 88, §1]
HI Rev Stat § 392-44 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|392. Temporary Disability Insurance|392-44 Payment of disability benefits.

  §392-44 Payment of disability benefits. Benefits provided under this chapter shall be paid periodically and promptly and, except as to a contested period of disability, without any decision by the director. The first payment of benefits shall be paid within ten days, exclusive of Saturdays, Sundays and holidays, after the filing of required proof of claim. Thereafter, benefits shall be due and payable every two weeks. The director may determine that benefits may be paid monthly or semi-monthly if wages were so paid, and may authorize deviation from the foregoing requirements to facilitate prompt payment of benefits. If an employer or insurer fails to make the first payment of benefits within ten days, exclusive of Saturdays, Sundays and holidays, after the filing of required proof of claim, the director shall, unless good cause can be shown, require the employer or insurer to pay such benefits plus an additional ten per cent of the benefits due and payable to the employee. [L 1969, c 148, pt of §1; am L 1971, c 109, §1(g)]
HI Rev Stat § 392-44.5 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|392. Temporary Disability Insurance|392-44.5 Notice of denial.

  §392-44.5 Notice of denial. No employer or insurer shall deny disability benefits to an employee without first submitting a copy of the notice of denial to the department. The department shall review the denial within ten days of the receipt of the notice. If the department finds the denial erroneous, without proper legal basis, or without sufficient evidence to support it, the department shall request the employer or insurer to reconsider its action in denying disability benefits. If upon reconsideration the employer or insurer again decides to deny disability benefits, the employee and the department shall be so notified. The employee shall have the right to appeal the denial of disability benefits. [L 1972, c 120, §1]
HI Rev Stat § 392-46 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|392. Temporary Disability Insurance|392-46 Subrogation rights against third parties.

  §392-46 Subrogation rights against third parties. If any individual who has received benefits under this chapter is entitled to recover damages from a third person who is responsible for the sickness or accident causing the disability, the employer, the association of employers, the insurer, or the trust fund for disability benefits, providing disability benefits shall be subrogated to, and have a lien upon, the rights of the individual against the third party to the extent that the damages include wage loss during the period of disability for which temporary disability benefits were received in the amount of such benefits.  If the individual commences an action against such third party, the individual shall notify the individual's employer, or the director if the individual is unemployed, of the action and the court in which it is pending. The employer, the association of employers, the insurer, or the trust fund for disability benefits, providing disability benefits may join as party plaintiff or claim a lien on the amount of any judgment recovered by the individual in such action to the extent of its subrogation rights. If the individual does not commence the action within nine months after the commencement of the sickness or the date of the accident causing the disability, the employer, the association of employers, the insurer, or the trust fund for disability benefits, providing temporary disability benefits may commence such action, but the individual shall be entitled to join the action and be entitled to any surplus over the amount to which the employers, the association of employers, the insurer, or the trust fund for disability benefits is subrogated. [L 1969, c 148, pt of §1; gen ch 1985; am L 2013, c 100, §8] Case Notes  Temporary disability insurance carrier is not entitled to full reimbursement of benefits from its insured's employee under section's subrogation and lien rights when employee receives a "general damages only" settlement from tortfeasor. 73 H. 403, 833 P.2d 890 (1992).
HI Rev Stat § 392-47 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|392. Temporary Disability Insurance|392-47 Failure to give security for payment of benefits; penalty; injunction.

  §392-47 Failure to give security for payment of benefits; penalty; injunction. If an employer fails to comply with section 392-41 the employer shall be subject to a penalty of not less than $500 or of $100 for each employee for every day during which such failure continues, whichever sum is greater, to be recovered in an action brought in the discretion of the director and the amount so collected shall be paid into the trust fund for disability benefits created by section 392-61. The director may, however, in the director's discretion, for good cause shown, remit all or any part of the penalty in excess of $500; provided that the employer in default complies with section 392-41.  Furthermore, if any employer is in default under section 392-41, for a period of thirty days, the employer may be enjoined by the circuit court of the circuit in which the employer's principal place of business is located from carrying on the employer's business any place in the State so long as the default continues, such action for injunction to be prosecuted by the attorney general or any county attorney if so requested by the director. [L 1969, c 148, pt of §1; am L 1971, c 109, §1(i); gen ch 1985; am L 2013, c 100, §8; am L 2016, c 187, §7] Rules of Court  Injunctions, see HRCP rule 65.
HI Rev Stat § 392-48 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|392. Temporary Disability Insurance|392-48 The insurance contract.

  §392-48 The insurance contract. Every policy of insurance issued by an insurer of an employer pursuant to this chapter which covers the liability of the employer for temporary disability benefits shall cover the entire liability of the employer to the employer's employees covered by the policy or contract, and also shall contain a provision setting forth the right of the employees to enforce in their own names either by filing a separate claim or by making the insurer a party to the original claim, the liability of the insurer in whole or in part for the payment of the disability benefits. Payment in whole or in part of disability benefits by either the employer or the insurer shall, to the extent thereof, be a bar to the recovery against the other of the amount so paid.  All insurance policies shall be approved by the insurance commissioner of the State. [L 1969, c 148, pt of §1; gen ch 1985]
HI Rev Stat § 392-49 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|392. Temporary Disability Insurance|392-49 Insolvency of employer not to release insurer.

  §392-49 Insolvency of employer not to release insurer. Every policy and contract of insurance issued for the purposes of this chapter shall contain a provision to the effect that the insolvency or bankruptcy of the employer and the employer's discharge therein shall not relieve the insurer from the payment of temporary disability benefits during the life of the policy or contract. [L 1969, c 148, pt of §1; gen ch 1985]
HI Rev Stat § 392-50 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|392. Temporary Disability Insurance|392-50 Cancellation of insurance contracts.

  §392-50 Cancellation of insurance contracts. No policy or contract of insurance issued by a stock company or mutual association against liability arising under this chapter shall be canceled within the time limited in the contract for its expiration until at least ten days after notice of intention to cancel such contract, on a date specified in the notice, has been filed with and served on the director of labor and industrial relations and the employer. [L 1969, c 148, pt of §1]
HI Rev Stat § 392-51 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|392. Temporary Disability Insurance|392-51 Failure to submit timely wage and employment information.

  §392-51 Failure to submit timely wage and employment information. An employer to whom an insurer has sent a request for information on wages, hours, and duration of employment regarding an employee claiming disability benefits shall complete and submit such information within seven days from the date the request was received. If the employer fails to submit the information within seven days, the director upon notification by the insurer shall levy a penalty of $250 for each delinquent request where the employer fails to show good cause for failure to file on time. [L 1973, c 9, §1; am L 2018, c 162, §2]
HI Rev Stat § 392-52 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|392. Temporary Disability Insurance|392-52 Disposition of accrued benefits where insurer is unable to locate employee.

  §392-52 Disposition of accrued benefits where insurer is unable to locate employee. An insurer who is unable to pay benefits to an employee because the employee cannot be located, shall deposit the accrued benefits into the trust fund for disability benefits. Upon locating the employee, the director shall pay from the trust fund to the employee an amount equal to but not more than the amount paid into the fund by the employer. If the employee cannot be located for a period of two years from the date of deposit, the employee's unpaid benefits shall escheat to the trust fund for disability benefits. [L 1981, c 115, §1; gen ch 1985; am L 2013, c 100, §8]
HI Rev Stat § 392-61 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|392. Temporary Disability Insurance|392-61 Establishment of trust fund for disability benefits.

Note Part heading amended by L 2013, c 100, §8.  §392-61 Establishment of trust fund for disability benefits.  There is established in the treasury of the State, separate and apart from all public moneys or funds of the State, a trust fund for disability benefits which shall be administered by the director exclusively for the purposes of this chapter; and for the establishment and maintenance of a family leave data collection system under section 398-9.5. All contributions pursuant to this part shall be paid into the fund and all benefits payable under this part shall be paid from the fund. The fund shall consist of[:]  (1) All contributions collected pursuant to this part, together with any interest thereon;  (2) All fines and penalties for the fund pursuant to this chapter;  (3) All moneys collected by way of subrogation;  (4) Interest earned on any moneys in the fund;  (5) Any property or securities acquired through the use of moneys belonging to the fund;  (6) All earnings of such property and securities; and  (7) All other moneys received for the fund from any source. [L 1969, c 148, pt of §1; am L Sp 2009, c 7, §3; am L 2013, c 100, §6] Revision Note  In the last sentence, (1) to (7) reformatted as paragraphs (1) to (7) pursuant to §23G-15.
HI Rev Stat § 392-62 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|392. Temporary Disability Insurance|392-62 Management of the fund.

  §392-62 Management of the fund. The director of finance shall be the treasurer and custodian of the trust fund for disability benefits and shall administer the fund in accordance with the directions of the director of labor and industrial relations. All moneys in the fund shall be held in trust for the purposes of this part only and shall not be expended, released, or appropriated or otherwise disposed of for any other purpose. Moneys in the fund may be deposited in any depositary bank in which general funds of the State may be deposited but such moneys shall not be commingled with other state funds and shall be maintained in separate accounts on the books of the depositary bank. Such moneys shall be secured by the depositary bank to the same extent and in the same manner as required by the general depositary law of the State; and collateral pledged for this purpose shall be kept separate and distinct from any other collateral pledged to secure other funds of the State. The director of finance shall be liable for the performance of the director of finance's duties under this section as provided in chapter 37. [L 1969, c 148, pt of §1; gen ch 1985; am L 2013, c 100, §8]
HI Rev Stat § 392-63 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|392. Temporary Disability Insurance|392-63 Disbursements from the fund.

  §392-63 Disbursements from the fund. Expenditures of moneys in the trust fund for disability benefits shall not be subject to any provisions of law requiring specific appropriations or other formal release by state officers of money in their custody. All benefits shall be paid from the fund upon warrants drawn upon the director of finance by the comptroller of the State supported by vouchers approved by the director. [L 1969, c 148, pt of §1; am L 2013, c 100, §8]
HI Rev Stat § 392-64 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|392. Temporary Disability Insurance|392-64 Investment of moneys.

  §392-64 Investment of moneys. With the approval of the department the director of finance may, from time to time, invest such moneys in the trust fund for disability benefits as are in excess of the amount deemed necessary for the payment of benefits for a reasonable future period. Such moneys may be invested in bonds of any political or municipal corporation or subdivision of the State, or any of the outstanding bonds of the State, or invested in bonds or interest-bearing notes or obligations of the State (including state director of finance's warrant notes issued pursuant to chapter 40), or of the United States, or those for which the faith and credit of the United States, are pledged for the payment of principal and interest, or in federal land bank bonds or joint stock farm loan bonds. The investments shall at all times be so made that all the assets of the fund shall always be readily convertible into cash when needed for the payment of benefits. The director of finance shall dispose of securities or other properties belonging to the fund only under the direction of the director of labor and industrial relations. [L 1969, c 148, pt of §1; am L 2013, c 100, §8]
HI Rev Stat § 392-65 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|392. Temporary Disability Insurance|392-65 Temporary disability benefits to be paid from the trust fund for disability benefits; recovery of disability benefits.

  §392-65 Temporary disability benefits to be paid from the trust fund for disability benefits; recovery of disability benefits. Temporary disability benefits shall be paid from the trust fund for disability benefits to individuals who become disabled when unemployed and who subsequently become ineligible for benefits under chapter 383. Benefits shall also be paid from this fund to an employee who is entitled to receive temporary disability benefits but cannot receive such benefits because of the bankruptcy of the employee's employer or because the employee's employer is not in compliance with this chapter. Benefits paid from the trust fund to such employee may be recovered from the employee's bankrupt or noncomplying employer. The director shall institute administrative and legal actions, as provided in section 392-47, to effect recovery of such benefits. [L 1969, c 148, pt of §1; am L 1971, c 109, §1(j); gen ch 1985; am L 1986, c 339, §61; am L 2013, c 100, §8]