reglab/statecodes huggingface dataset:
2023 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).
2023 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]
2023 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).
2023 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).
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 386. Workers' Compensation Law › 386-95 Reports of injuries, other reports, penalty.

§386-95 Reports of injuries, other reports, penalty.
Every employer shall keep a record of all injuries, fatal or otherwise, received by the employer's employees in the course of their employment, when known to the employer or brought to the employer's attention.
Within seven working days after the employer has knowledge of such injury causing absence from work for one day or more or requiring medical treatment beyond ordinary first aid, the employer shall make a report thereon to the director. The report shall set forth the name, address, and nature of the employer's business and the name, age, sex, wages, and occupation of the injured employee and shall state the date and hour of the accident, if the injury is produced thereby, the nature and cause of the injury, and such other information as the director may require.
By January 31 of each year, the employer shall file with the director a report with respect to each injury on which the employer is continuing to pay compensation, showing all amounts paid by the employer on account of the injury.
The reports required by this section shall be made on forms to be obtained from the director pursuant to section 386-71 and deposit of reports in the United States mail or by electronic means as approved by the director, addressed to the director, within the time specified shall be deemed compliance with the requirements of this section.
When an injury results in immediate death, the employer shall within forty-eight hours notify personally or by telephone a representative of the department in the county where the injury occurred.
Within thirty days after final payment of compensation for an injury, the employer shall file a final report with the director showing the total payments made, the date of termination of temporary total disability, and such other information as the director may require.
Any employer who wilfully refuses or neglects to file any of the reports or give any notice required by this section shall be fined by the director not more than $5,000.
Copies of all reports, other than those of fatal injuries, filed with the director as required by this section shall be sent to the injured employee by the employer. [L 1963, c 116, pt of §1; am L 1965, c 59, §1; Supp, §97-110; am L 1966, c 7, §2; HRS §386-95; am L 1973, c 10, §1; am L 1982, c 51, §1; gen ch 1985; am L 1988, c 37, §3; am L 1993, c 254, §1; am L 2002, c 221, §1; am L 2016, c 187, §2]
Case Notes
Failure of employer to file form reporting employee's injury does not toll statute of limitations. 68 H. 111, 706 P.2d 13 (1985).
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 386. Workers' Compensation Law › 386-97 Inspections.

§386-97 Inspections.
The director of labor and industrial relations may inspect the plants and establishments of all employers in the State and the inspectors designated by the director shall have free access to such premises during regular working hours, and at other reasonable times. [L 1963, c 116, pt of §1; Supp, §97-112; HRS §386-97]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 386. Workers' Compensation Law › 386-97.5 Penalties. (a) Any person who, after twenty-one days written notice and the opportunity to be heard by the director, is found to have violated any provision of this chapter or rule adopted thereunder for which no penalty is otherwise provided, shall be fined no more than $500 for each offense. (b) All fines collected pursuant to this chapter shall be deposited into the special compensation fund created by section 386-151. [L 1991, c 107, §1; am L 2020, c 44, §8]

§386-97.5
Penalties.
(a) Any person who, after twenty-one days written notice and the opportunity to be heard by the director, is found to have violated any provision of this chapter or rule adopted thereunder for which no penalty is otherwise provided, shall be fined no more than $500 for each offense.
(b) All fines collected pursuant to this chapter shall be deposited into the special compensation fund created by section 386-151.
[L 1991, c 107, §1; am L 2020, c 44, §8]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 386. Workers' Compensation Law › 386-99 Posting of information.

§386-99 Posting of information.
Each employer shall post and maintain in places readily accessible to individuals in the employer's employ printed statements concerning benefit rights, claims for benefits, and such other matters relating to the administration of this chapter as the department of labor and industrial relations may by regulation prescribe. Each employer shall supply to such individuals copies of such printed statements or other materials relating to claims for benefits when and as the department may by regulation prescribe. Such printed statements and other materials shall be supplied by the department to each employer without cost to the employer. [L 1971, c 85, §1; gen ch 1985]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 386. Workers' Compensation Law › 386-100 Deductible option for medical benefits in insurance policy.

§386-100 Deductible option for medical benefits in insurance policy.
(a) Each workers' compensation insurance policy issued by every insurer shall offer, at the option of the insured employer, a deductible for medical benefits in the amount of $100, $150, $200, $300, $400, $500, $2,500, $5,000, or $10,000, or greater if agreed upon by the insurer and the insured employer. The insured employer, if choosing to exercise the option, shall choose only one of the amounts as the deductible. The provisions of this subsection shall be fully disclosed to the prospective purchaser in writing.
(b) If an insured employer exercises the option and chooses a deductible, the insured employer shall be liable for the amount of the deductible for the medical benefits paid for each claim of work injury suffered by an injured employee. The insurer shall not be liable for the deductible.
The insurer shall pay the entire cost of medical bills directly to the provider of services and then seek reimbursement from the insured for the deductible amount.
Deductible medical benefit amounts shall be reported by insurers as required by section 386-95 and shall be included in the total average annual compensation paid by all insurance carriers in determining the charge against employers not insured under section 386-121(a)(1) for the purpose of the special compensation fund. [L 1985, c 296, §13; am L 1989, c 243, §1; am L 1995, c 234, §17]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 386. Workers' Compensation Law › 386-122 Notice of insurance.

§386-122 Notice of insurance.
If the insurance so effected is under section 386-121(a)(1), the employer shall file with the director in a form prescribed by the director a notice of the employer's insurance together with a statement of benefits provided by the policy of insurance. The director may also accept the notice of employer's insurance from approved third party agencies in a manner and form approved by the director. [L 1963, c 116, pt of §1; Supp, §97-121; HRS §386-122; gen ch 1985; am L 1986, c 304, §4; am L 1988, c 35, §1; am L 2012, c 262, §1]
Case Notes
Cited: 27 H. 476, 480 (1923); 32 H. 162 (1931).
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 386. Workers' Compensation Law › 386-123 Failure to give security for compensation; penalty; injunction.

§386-123 Failure to give security for compensation; penalty; injunction.
If an employer fails to comply with section 386-121, the employer shall be liable for 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 by the director in the name of the State, and the amount so collected shall be paid into the special compensation fund created by section 386-151. 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 386-121. With respect to such actions, the attorney general or any county attorney or public prosecutor shall prosecute the same if so requested by the director.
In addition, if any employer is in default under section 386-121 for a period of fourteen days, the employer may be enjoined, by the circuit court of the circuit in which the employer's principal place of business is located in the State or where the violation occurred, from carrying on the employer's business anywhere 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 1963, c 116, pt of §1; Supp, §97-122; HRS §386-123; gen ch 1985; am L 1988, c 37, §5; am L 2016, c 187, §4; am L 2017, c 135, §1]
Rules of Court
Injunctions, see HRCP rule 65.
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 386. Workers' Compensation Law › 386-124 The insurance contract.

§386-124 The insurance contract.
Every policy of insurance issued by an insurer of an employer referred to in section 386-1 which covers the liability of the employer for compensation shall cover the entire liability of the employer to the employer's employees covered by the policy or contract, and provide for the deductible under section 386-100, at the option of the insured. The policy 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 insurance carrier a party to the original claim, the liability of the insurance carrier in whole or in part for the payment of the compensation. Payment in whole or in part of compensation by either the employer or the insurance carrier shall, to the extent thereof, be a bar to the recovery against the other of the amount so paid.
All insurance policies shall be of a standard form, the form to be designated and approved by the insurance commissioner. No policy of insurance different in form from the designated and approved form shall be approved by the director. [L 1963, c 116, pt of §1; Supp, §97-123; HRS §386-124; am L 1985, c 296, §19; gen ch 1985]
Attorney General Opinions
Forbids policy insuring employers only at project site or in related operations. Att. Gen. Op. 86-11.
Case Notes
Insurance carrier may be made party defendant, when. 27 H. 476 (1923).
Insurer may not make itself a party to proceedings of its own accord. 32 H. 162 (1931).
In the context of the Hawaii workers' compensation scheme, a physician is an incidental beneficiary rather than an intended third-party beneficiary of the employer's workers' compensation insurance policy; thus, as physician was not an intended third-party beneficiary of insurer's insurance policy, physician did not have a cause of action in tort for bad faith against insurer. 114 H. 122 (App.), 157 P.3d 561 (2007).
Cited: 31 H. 638, 650 (1930); 33 H. 545, 546 (1935).
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 386. Workers' Compensation Law › 386-124.5 Insurer's requirements; failure to maintain claims service office; penalty; injunction.

§386-124.5 Insurer's requirements; failure to maintain claims service office; penalty; injunction.
(a) By January 1, 1992, each insurer shall establish and 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 and payment of compensation.
(b) Failure to comply with subsection (a) shall subject the insurer to a civil penalty of not less than $2,500, or $100 for every day during which the failure continues, whichever sum is greater, to be recovered in an action brought by the director in the name of the State in a court of competent jurisdiction. Any amounts so collected shall be paid into the special compensation fund provided by section 386-151. The director shall have discretion, for good cause shown, to remit all or any part of the penalty in excess of $2,500, if the insurer in default forthwith complies with subsection (a).
(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 in any place in the State so long as the violation continues.
(d) The attorney general shall enforce this section if so requested by the director.
[L 1991, c 78, §1]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 386. Workers' Compensation Law › 386-125 Knowledge of employer imputed to insurance carrier.

§386-125 Knowledge of employer imputed to insurance carrier.
Every policy and contract shall contain a provision that, as between the employee and the insurance carrier, the notice to or knowledge of the occurrence of the injury on the part of the employer shall be deemed notice or knowledge, as the case may be, on the part of the insurance carrier; that jurisdiction of the employer shall, for the purpose of this chapter, be jurisdiction of the insurance carrier, and that the insurance carrier shall in all respects be bound by and subject to the orders, findings, and decisions rendered against the employer for the payment of compensation under this chapter. [L 1963, c 116, pt of §1; Supp, §97-124; HRS §386-125]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 386. Workers' Compensation Law › 386-126 Insolvency of employer not to release insurance carrier.

§386-126 Insolvency of employer not to release insurance carrier.
Every policy and contract 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 insurance carrier from the payment of compensation for an injury suffered by a covered employee during the life of the policy or contract. [L 1963, c 116, pt of §1; Supp, §97-125; HRS §386-126; gen ch 1985]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 386. Workers' Compensation Law › 386-127 Cancellation of insurance contracts.

§386-127 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 1963, c 116, pt of §1; Supp, §97-126; HRS §386-127]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 386. Workers' Compensation Law › 386-128 Insurance by the State, counties, and municipalities.

§386-128 Insurance by the State, counties, and municipalities.
The State, any county or other political subdivision of the State, and any other public entity within the State which is liable to its employees for compensation, may insure with any authorized insurance carrier. [L 1963, c 116, pt of §1; Supp, §97-127; HRS §386-128]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 386. Workers' Compensation Law › 386-129 Employees not to pay for insurance; penalty.

§386-129 Employees not to pay for insurance; penalty.
No agreement by an employee to pay any portion of the premium paid by the employee's employer, or to contribute to a benefit fund or department maintained by the employer, or to the cost of mutual or other insurance maintained for or carried for the purpose of securing compensation as herein required, shall be valid; and any employer who makes a deduction for that purpose from the wages or salary of any employee entitled to the benefits of this chapter shall be fined not more than $5,000. [L 1963, c 116, pt of §1; Supp, §97-128; HRS §386-129; gen ch 1985; am L 1988, c 37, §6; am L 2016, c 187, §5]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 386. Workers' Compensation Law › 386-142 Employment rights of injured employees.

§386-142 Employment rights of injured employees.
It shall be unlawful for any employer to suspend or discharge any employee solely because the employee suffers any work injury which is compensable under this chapter and which arises out of and in the course of employment with the employer unless it is shown to the satisfaction of the director that the employee will no longer be capable of performing the employee's work as a result of the work injury and that the employer has no other available work which the employee is capable of performing. Any employee who is suspended or discharged because of such work injury shall be given first preference of reemployment by the employer in any position which the employee is capable of performing and which becomes available after the suspension or discharge and during the period thereafter until the employee secures new employment. This section shall not apply to the United States or to employers subject to part III of chapter 378. [L 1978, c 201, §1; gen ch 1985]
Case Notes
Worker's compensation insurer's settlement offer did not violate public policy or amount to an unlawful retaliatory discharge by including claimant's resignation as one of its terms. 112 H. 195 (App.), 145 P.3d 738 (2006).
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 386. Workers' Compensation Law › 386-151 Special compensation fund established and maintained.

§386-151 Special compensation fund established and maintained.
(a) There is hereby created a trust fund to be known as the special compensation fund which shall consist of payments made to it as provided by law. The director of finance of the State shall be custodian of the fund, and all disbursements therefrom shall be paid by the director of finance upon orders by the director of labor and industrial relations.
(b) Every employer pursuant to an order made by the director, shall pay into the fund the amounts specified in sections 386-34(5) and 386-41(d) under the conditions prescribed for such payment. Whenever such amount is paid into the fund and it is subsequently determined by the director, the appellate board, or a court having jurisdiction that a dependent is entitled to benefits excluding or diminishing the entitlement of the fund, the director, appellate board, or court shall order the refund of the sum to which the fund is not entitled and the director of finance as custodian shall immediately make such refund upon receipt by the director of finance of a certified copy of this order. In cases where an order of the director ordering payment into the fund is reversed on appeal the employer is relieved of any duty to make payments into the fund.
(c) The director shall appoint annually a certified public accountant to examine and audit all the books and records relating to the special compensation fund and shall advise the director as to the fund's solvency, including recommendations as to levies and charges provided for in section 386-152 and the required level of funding. The certified public accountant's fees for this service shall be paid out of the special compensation fund. [L 1963, c 116, pt of §1; Supp, §97-140; HRS §386-151; am L 1973, c 183, §1; gen ch 1985; am L 2013, c 100, §5]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 386. Workers' Compensation Law › 386-152 Levy and charges to finance special compensation fund.

§386-152 Levy and charges to finance special compensation fund.
When the cash balance of the special compensation fund established in section 386-151 falls below, as of December 31 of any year, an amount determined by the director to be insufficient to meet the fund's current and projected obligations, then the levy on the gross premiums of insurers of employers insured under section 386-121(a)(1) provided for in section 386-153, and the charge provided in section 386-154 against each employer not insuring and keeping insured, as provided in section 386-121(a)(1), shall be levied and collected during the succeeding year and each succeeding year thereafter until the cash balance of the fund equals or exceeds as of December 31 of any year an amount determined by the director to be sufficient to meet the fund's current and projected obligations. When the cash balance of the fund equals or exceeds as of December 31 of any year an amount determined by the director to be sufficient to meet the fund's current and projected obligations, then the levy on the gross premiums of insurance companies provided for in section 386-153 and the charge provided in section 386-154 against each employer not insuring and keeping insured as provided in section 386-121(a)(1) shall not be levied and collected during the succeeding year until the cash balance of the fund falls below as of December 31 of any year an amount determined by the director to be insufficient to meet the fund's current and projected obligations.
The director shall annually furnish each insurance company provided for in section 386-153 and each employer provided for in section 386-154 with a copy of the certified public accountant's audit report and recommendations. The cost of furnishing such report shall be paid out of the special compensation fund. [L 1963, c 103, pt of §1; Supp, §97-141; HRS §386-152; am L 1973, c 183, §2]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 386. Workers' Compensation Law › 386-153 Levy on insurers of employers insured under section 386-121(a)(1).

§386-153 Levy on insurers of employers insured under section 386-121(a)(1).
(a) For the calendar year 1974 and for each calendar year thereafter, insurers of employers, as defined in section 386-1, shall pay a levy determined by the director which shall be based on a percentage on gross premiums, as defined in section 431:7-202(a), derived from workers' compensation insurance issued during the prior year in accordance with chapter 386 and chapter 431, if the levying and collecting of such a levy is required pursuant to section 386-152, which levy shall be collected in the same manner as the tax provided for in section 431:7-202 is collected and shall be deposited in the special compensation fund established in section 386-151. This levy shall be in addition to any tax imposed in chapter 431 on gross premiums derived from workers' compensation insurance.
(b) Notwithstanding subsection (a), from its inception through December 31, 2007, the Hawaii Employers' Mutual Insurance Company, Inc., shall be exempt from this levy; provided that this exemption shall apply to the first $25,000,000 of written premiums in each calendar year; and provided further that annual written premiums in excess of $25,000,000 shall be subject to this levy at the same rate as other insurers. Any moneys heretofore paid by Hawaii Employers' Mutual Insurance Company, Inc., to the special compensation fund shall be retained by the special compensation fund to be credited to future levy balances owed by Hawaii Employers' Mutual Insurance Company, Inc. [L 1963, c 103, pt of §1; Supp, §97-142; HRS §386-153; am L 1973, c 183, §3; am L 1975, c 41, §1; am L 1991, c 165, §1; am L 1999, c 163, §22]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 386. Workers' Compensation Law › 386-154.5 Special assessments.

§386-154.5 Special assessments.
(a) For the calendar year 1972 only, insurers of employers as defined in section 386-121(a)(1) shall pay a special assessment of one and one-quarter per cent on gross premiums as defined in section 431:7-202(a) and in accordance with the provisions of section 386-153. For the calendar year 1973 only, such insurers shall pay a special assessment established by rule of the director not to exceed 1.6 times the 1972 special assessment.
(b) For the calendar year 1972 only, employers not insured under section 386-121(a)(1) shall pay a special assessment equal to 1.67 times the special charge as defined and in accordance with the provisions of section 386-154. For the calendar year 1973 only, such employers shall pay a special assessment established by rule of the director not to exceed 1.6 times the 1972 special assessment.
(c) The assessments under this section shall be paid within thirty days from the receipt of notification by the department of commerce and consumer affairs. [L 1972, c 42, §5; am L 1973, c 183, §5; am L 1982, c 204, §8; am L 1993, c 6, §15]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 386. Workers' Compensation Law › 386-155 Expenses.

§386-155 Expenses.
All litigation expenses, including but not limited to court costs, attorneys' fees, and witness fees incurred by the director in preparation, prosecution, or defense of any action brought on behalf of or against the special compensation fund shall be paid from the fund. Administrative expenses for the protection and preservation of the special compensation fund shall also be paid from the fund. [L 1969, c 21, §1; am L 2000, c 103, §1]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 386. Workers' Compensation Law › 386-161 Who entitled to compensation.

§386-161 Who entitled to compensation.
If a member of the Hawaii national guard or Hawaii state defense force suffers a personal injury arising out of and in the performance of the member's duty therein, compensation shall be paid to the member or the member's dependents by the State for such injury in the manner and in the amounts provided for in this chapter; provided that if in any case arising after May 10, 1951, any such member or the member's dependents receive compensation from the federal government by reason of such injury, the amount of the compensation shall be deducted from the amount which may thereafter become due from the State. [L 1963, c 116, pt of §1; Supp, §97-150; HRS §386-161; gen ch 1985; am L 1988, c 135, §1]
Case Notes
Does not exclude members of the Hawaii National Guard from receiving benefits under state workers' compensation because the members were on federal active duty. 72 H. 157, 809 P.2d 1136 (1991).
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 386. Workers' Compensation Law › 386-162 Terms defined.

§386-162 Terms defined.
"Personal injury", "compensation", and "dependents" within the meaning of section 386-161 has the same meaning as is given to these terms in sections 386-1 and 386-42. [L 1963, c 116, pt of §1; Supp, §97-151; HRS §386-162]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 386. Workers' Compensation Law › 386-163 Administration.

§386-163 Administration.
This part shall be administered by the director of labor and industrial relations. The director may promulgate such additional rules and regulations relative thereto as the director deems necessary or convenient for carrying out the purposes of this part. Procedure in respect of claims hereunder, including procedure upon appeals, shall correspond to the procedure provided in this chapter, except that notice of injury shall be given to the commanding officer of the unit to which the injured person is attached and the commanding officer shall in turn report the same to the division. [L 1963, c 116, pt of §1; Supp, §97-152; HRS §386-163; gen ch 1985]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 386. Workers' Compensation Law › 386-164 Appropriation.

§386-164 Appropriation.
So much of the state insurance fund as may be necessary is hereby appropriated for the purpose of section 386-161 and for the purpose of paying compensation awarded under Act 131 of the Session Laws of Hawaii 1943, Act 160 of the Session Laws of Hawaii 1945, and Act 169 of the Session Laws of Hawaii 1947. [L 1963, c 116, pt of §1; Supp, §97-153; HRS §386-164]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 386. Workers' Compensation Law › 386-171 Volunteer personnel, medical, etc., expenses.

§386-171 Volunteer personnel, medical, etc., expenses.
Any person who is injured in performing service for the State or any county in any voluntary or unpaid capacity under the authorized direction of a public officer or employee, and who has not secured payment of the person's hospital and medical expenses from the State or the county under any other provision of law and has not secured payment thereof from any third person, shall be paid the person's reasonable hospital and medical expenses under this chapter. [L 1963, c 116, pt of §1; Supp, §97-160; HRS §386-171; gen ch 1985]
Attorney General Opinions
State or county's liability for volunteer's medical expenses where all or part paid by third person. Att. Gen. Op. 86-6.
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 386. Workers' Compensation Law › 386-172 Administration and procedure.

§386-172 Administration and procedure.
Section 386-171 shall be administered by the director of labor and industrial relations. Procedure in respect of claims hereunder, including procedure upon appeals, shall correspond to the procedure provided under this chapter. Notice of injury shall be given to the head of the department for which the injured person is performing service, and the department head shall report the injury to the director. The director may make such rules and regulations as the director may deem necessary or convenient for carrying out section 386-171. [L 1963, c 116, pt of §1; Supp, §97-161; HRS §386-172; gen ch 1985]
Cross References
Rulemaking, see chapter 91.
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 386. Workers' Compensation Law › 386-173 Time for giving notice, etc.

§386-173 Time for giving notice, etc.
Any time fixed for giving of notice of injury or for any other substantive purpose as to any injuries within the purview of section 386-171 which may have occurred prior to May 25, 1945, but subsequent to December 7, 1941, shall be construed to run from May 25, 1945. [L 1963, c 116, pt of §1; Supp, §97-162; HRS §386-173]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 386. Workers' Compensation Law › 386-174 Appropriation.

§386-174 Appropriation.
So much of the state insurance fund as may be necessary is hereby appropriated and shall, with the approval of the governor, be expended to pay claims found to be due under section 386-171 for services performed under the authorized direction of a public officer or employee. [L 1963, c 116, pt of §1; Supp, §97-163; HRS §386-174]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 386. Workers' Compensation Law › 386-191 Scope.

§386-191 Scope.
This part shall apply to workers' compensation self-insurance groups. This part shall not apply to public employees or governmental entities. Groups which are issued a certificate of approval by the insurance commissioner shall not be deemed to be insurers or insurance companies and shall not be subject to the provisions of the insurance laws and rules, except as otherwise provided in this part. [L 1986, c 304, pt of §1]
Cross References
Insurer's requirements; failure to maintain claims service office; penalty; injunctions, see §386-124.5.
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 386. Workers' Compensation Law › 386-192 Definitions.

§386-192 Definitions.
For the purpose of this part:
"Administrator" means an individual, partnership, or corporation engaged by a workers' compensation self-insurance group's board of trustees to carry out the policies established by the group's board of trustees and to provide day-to-day management of the group.
"Insolvent" or "insolvency" means the inability of a workers' compensation self-insurance group to pay its outstanding lawful obligations as they mature in the regular course of business, as may be shown either by an excess of its required reserves and other liabilities over its assets or by its not having sufficient assets to reinsure all of its outstanding liabilities after paying all accrued claims owed by it.
"Net premium" means premium derived from standard premium adjusted by any advance premium discounts.
"Service company" means a person or entity which provides services which are not provided by the administrator. The services which may be provided by a service company include but are not limited to:
(1) Claims adjustment;
(2) Safety engineering;
(3) Compilation of statistics and the preparation of premium, loss, and tax reports;
(4) Preparation of other required self-insurance reports;
(5) Development of members' assessments and fees; and
(6) Administration of a claims fund account.
"Standard premium" means the premium derived from the manual rates adjusted by experience modification factors but before advance premium discounts.
"Workers' compensation self-insurance group" or "group" means a not-for-profit unincorporated association consisting of five or more employers who:
(1) Are engaged in the same or similar type of business;
(2) Are members of the same bona fide trade or professional association which has been in existence for not less than five years; and
(3) Enter into agreements to pool their liabilities for workers' compensation benefits in this State. [L 1986, c 304, pt of §1]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 386. Workers' Compensation Law › 386-193 Authority to act as workers' compensation self-insurance group.

§386-193 Authority to act as workers' compensation self-insurance group.
No person, association, or other entity shall act as a workers' compensation self-insurance group unless it has been issued a certificate of approval by the insurance commissioner. [L 1986, c 304, pt of §1]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 386. Workers' Compensation Law › 386-195 Certificate of approval; termination.

§386-195 Certificate of approval; termination.
(a) The certificate of approval issued by the insurance commissioner to a workers' compensation self-insurance group authorizes the group to provide workers' compensation benefits. The certificate of approval shall remain in effect until terminated at the request of the group or revoked by the insurance commissioner pursuant to section 386-211.
(b) The insurance commissioner shall not grant the request of any group to terminate its certificate of approval unless the group has insured or reinsured all incurred workers' compensation obligations with an authorized insurer under an agreement filed with and approved in writing by the insurance commissioner. The obligations shall include both known claims and expenses associated therewith and claims incurred, but not reported, and expenses associated therewith.
(c) Subject to the approval of the insurance commissioner, a group may merge with another group engaged in the same or similar type of business only if the resulting group assumes in full all obligations of the merging groups. The insurance commissioner may hold a hearing on the merger and shall do so if any party, including a member of either group, so requests. [L 1986, c 304, pt of §1]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 386. Workers' Compensation Law › 386-196 Examinations.

§386-196 Examinations.
The insurance commissioner may examine the affairs, transactions, accounts, records, and assets and liabilities of each group as often as the insurance commissioner deems advisable. The expense of examinations shall be assessed against the group in the same manner that insurers are assessed for examinations. [L 1986, c 304, pt of §1]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 386. Workers' Compensation Law › 386-197 Board of trustees; membership, powers, duties, and prohibitions.

§386-197 Board of trustees; membership, powers, duties, and prohibitions.
Each group shall be operated by a board of trustees, which shall consist of not less than five persons whom the members of a group elect for stated terms of office. At least two-thirds of the trustees shall be employees, officers, or directors of members of the group. The group's administrator, service company, or any owner, officer, employee of, or any other person affiliated with, the administrator or service company shall not serve on the board of trustees of the group. All trustees shall be residents of this State or officers of corporations authorized to do business in this State. The board of trustees of each group shall ensure that all claims are paid promptly and take all necessary precautions to safeguard the assets of the group, including all of the following:
(1) The board of trustees shall:
(A) Maintain responsibility for moneys collected or disbursed from the group and segregate all moneys into a claims fund account and an administrative fund account. At least seventy per cent of the net premium shall be placed into a designated depository for the sole purpose of paying claims, allocated claims expenses, reinsurance or excess insurance, and special compensation fund assessments. This account shall be called the claims fund account. The remaining net premium shall be placed in a designated depository for the payment of taxes, general regulatory fees and assessments, and administrative costs. This account shall be called the administrative fund account. The commissioner may approve an administrative fund account of more than thirty per cent and a claims fund account of less than seventy per cent only if the group shows to the insurance commissioner's satisfaction that more than thirty per cent is needed for an effective safety and loss control program or that the group's aggregate excess insurance attaches at less than seventy per cent;
(B) Maintain minutes of its meetings and make the minutes available to the insurance commissioner;
(C) Retain an independent certified public accountant to prepare the statement of financial condition required by section 386-201(a); and
(D) Designate an administrator to carry out the policies established by the board of trustees and to provide day to day management of the group and delineate in the written minutes of its meetings the areas of authority it delegates to the administrator.
(2) The board of trustees shall not:
(A) Extend credit to a member for payment of a premium, except pursuant to payment plans approved by the insurance commissioner; and
(B) Borrow moneys from the group or in the name of the group, except in the ordinary course of business, without first advising the insurance commissioner of the nature and purpose of the loan and obtaining prior approval from the insurance commissioner. [L 1986, c 304, pt of §1]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 386. Workers' Compensation Law › 386-198 Group membership; termination, liability.

§386-198 Group membership; termination, liability.
(a) An employer joining a workers' compensation self-insurance group after the group has been issued a certificate of approval shall submit an application for membership to the board of trustees or its administrator and enter into the indemnity agreement required by section 386-194(b). Membership shall take effect no earlier than each member's date of approval. The application for membership and its approval shall be maintained as permanent records of the board of trustees.
(b) Each member of a group shall be subject to cancellation by the group pursuant to the bylaws of the group. In addition, each member may elect to terminate participation in the group. The group shall notify the insurance commissioner and department of labor and industrial relations of the termination or cancellation of a member within ten days. The group shall maintain coverage of each canceled or terminated member for thirty days after the notice, at the terminating member's expense, unless the group is notified sooner by the department that the canceled or terminated member has procured workers' compensation insurance, has become an approved self-insurer, or has become a member of another group.
(c) The group shall pay all workers' compensation benefits for which each member incurs liability during the member's period of membership. A member who elects to terminate its membership or is canceled by a group remains jointly and severally liable for workers' compensation obligations of the group and its members which were incurred during the canceled or terminated member's period of membership.
(d) A group member is not relieved of its workers' compensation liabilities incurred during its period of membership, except through payment by the group or the member of required workers' compensation benefits.
(e) The insolvency or bankruptcy of a member does not relieve the group or any other member of liability for the payment of any workers' compensation benefits incurred during the insolvent or bankrupt member's period of membership. [L 1986, c 304, pt of §1]