reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 386. Workers' Compensation Law › 386-22 Artificial member and other aids.

§386-22 Artificial member and other aids.
Where an injury results in the amputation of an arm, hand, leg, or foot, or the enucleation of an eye, or the loss of natural or artificial teeth, or the loss of vision which may be partially or wholly corrected by the use of lenses, the employer shall furnish an artificial member to take the place of each member lost and, in the case of correctible loss of vision, a set of suitable glasses. Where it is certified to be necessary by a licensed physician or surgeon chosen by agreement of the employer and the employee, the employer shall furnish such other aids, appliances, apparatus, and supplies as are required to cure or relieve the effects of the injury. When a licensed physician or surgeon, chosen as above, certifies that it is necessitated by ordinary wear, the employer shall repair or replace such artificial members, aids, appliances, or apparatus.
Where an employee suffers the loss of or damage to any artificial member, aid, appliance, or apparatus by accident arising out of and in the course of the employee's employment, the employer shall repair or replace the member, aid, appliance, or apparatus whether or not the same was furnished initially by the employer.
The liability of the employer for artificial members, aids, appliances, apparatus, or supplies as is imposed by this section shall be limited to such charges as prevail in the same community for similar equipment of a person of a like standard of living when the equipment is paid for by that person and shall be subject to the deductible under section 386-100. [L 1963, c 116, pt of §1; Supp, §97-21; HRS §386-22; am L 1985, c 296, §16; gen ch 1985]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 386. Workers' Compensation Law › 386-23 Services of attendant.

§386-23 Services of attendant.
When the director of labor and industrial relations finds that the service of an attendant for the injured employee is constantly necessary the director may award a monthly sum of not more than the product of four times the effective maximum weekly benefit rate prescribed in section 386-31, as the director may deem necessary, for the procurement of such service. Payment for the services of an attendant shall be the liability of the employer, but shall be subject to the deductible under section 386-100. [L 1963, c 116, pt of §1; Supp, §97-22; HRS §386-23; am L 1971, c 25, §1; am L 1976, c 17, §1; am L 1985, c 296, §17; gen ch 1985]
Case Notes
Section allows compensation for attendant care services so long as claimants can establish their inability to function or perform activities of daily living on a consistent basis. 83 H. 361, 926 P.2d 1284 (1996).
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 386. Workers' Compensation Law › 386-23.5 Services of attendant, allowance adjustments.

§386-23.5 Services of attendant, allowance adjustments.
(a) When the maximum allowed for procurement of services of an attendant as provided in section 386-23 is changed by law, any employee who has been totally and continuously disabled and has been awarded and is receiving a sum under this chapter to procure such services in an amount which is less than the new maximum allowed for this purpose shall be entitled, upon application, to a supplemental allowance calculated in accordance with the following provisions:
(1) In any case where a totally disabled employee is receiving the maximum allowed at the time the award was made, the supplemental allowance shall be an amount which, when added to such award, will equal the new maximum allowance.
(2) In any case where a totally disabled employee is receiving less than the maximum allowed at the time the award was made, the supplemental allowance shall be an amount equal to the difference between the amount the disabled employee is receiving and a percentage of the new maximum allowance by multiplying it by a fraction, the numerator of which is the amount the employee is receiving and the denominator of which is the maximum monthly allowance applicable at the time such award was made.
(b) As of July 1, 1973, any employee who has been totally and continuously disabled and has been awarded and is receiving a sum under this chapter to procure services of an attendant in an amount which is less than the maximum allowed for this purpose, shall be entitled, upon application, to an additional amount calculated in accordance with the following provisions:
(1) In any case where a totally disabled person is receiving the maximum allowed under this chapter at the time the award was made, the supplemental allowance shall be an amount which, when added to such award, will equal the maximum allowance effective as of the date of this section.
(2) In any case where a totally disabled person is receiving less than the maximum allowed under this chapter at the time the award was made, the supplemental allowance shall be an amount equal to the difference between the amount the disabled employee is receiving and a percentage of the maximum allowance as of July 1, 1973, by multiplying it by a fraction, the numerator of which is the amount the employee is receiving and the denominator of which is the maximum monthly allowance applicable at the time such award was made.
(c) Any supplemental allowances awarded by the director pursuant to this section shall be paid to the employee from the special compensation fund. [L 1973, c 101, §1; gen ch 1985]
Revision Note
"July 1, 1973" substituted for "the effective date of this section".
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 386. Workers' Compensation Law › 386-23.6 Weekly benefit adjustments for recipients of services of attendants.

§386-23.6 Weekly benefit adjustments for recipients of services of attendants.
Any permanently and totally disabled employee awarded and receiving compensation under section 386-23 or 386-23.5, but:
(1) Who is no longer receiving weekly benefits shall, without application, be entitled to a resumption of weekly benefits from the special compensation fund in an amount equal to a percentage of the current maximum weekly benefit determined by multiplying the current maximum weekly benefit rate by a fraction, the numerator of which is the weekly benefit amount the employee had been receiving and the denominator of which is the maximum weekly benefit rate applicable at the time the weekly benefit award was made.
(2) Who is receiving one-half of weekly benefits from the special compensation fund shall be entitled to weekly benefits in an amount equal to a percentage of the current maximum weekly benefit rate determined by multiplying the current maximum weekly benefit rate by a fraction, the numerator of which is twice the amount the employee had been receiving and the denominator of which is the maximum weekly benefit rate applicable at the time the weekly benefit award was made. [L 1974, c 52, §1; am L 1980, c 232, §21; gen ch 1985]
2023 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).
2023 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.
2023 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]
2023 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]
2023 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.
2023 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).
2023 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).
2023 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).
2023 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).
2023 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).
2023 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]
2023 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).
2023 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]
2023 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]
2023 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).
2023 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).
2023 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]
2023 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]
2023 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]
2023 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]
2023 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).
2023 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).
2023 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]
2023 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).
2023 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).
2023 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).
2023 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]