reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 383. Hawaii Employment Security Law › 383-162 Limitation of fees.

§383-162 Limitation of fees.
No individual shall be charged fees of any kind in any proceeding under this chapter by the department of labor and industrial relations or its representatives, or the referee, or by any court or any officer thereof, and no costs shall be awarded by the referee on an appeal. Any individual claiming benefits in any proceeding before the department or the referee may be represented by counsel or other duly authorized agent, but no such counsel or agent shall either charge or receive for such services more than an amount approved by the department or referee, and such amount shall in no case exceed ten per cent of the sum of the average benefit duration for the prior calendar year as computed by the department of labor and industrial relations multiplied by the claimant's weekly benefit amount, payable as a result of such proceeding. For the purposes of this section, the term "average benefit duration" shall mean the average actual duration of benefits computed by dividing the total number of weeks compensated during a year by the corresponding number of first payments made during the year.
Any person who violates this section shall, for each such offense, be fined not less than $50 nor more than $500 or imprisoned not more than six months, or both. [L 1939, c 219, §13(b); am L 1941, c 304, §1, pt of subs 35; RL 1945, §4286; RL 1955, §93-151; am L Sp 1959 2d, c 1, §27; HRS §383-162; am L 1980, c 13, §1]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 383. Hawaii Employment Security Law › 383-163 No assignment of benefits; waiver.

§383-163 No assignment of benefits; waiver.
No assignment, pledge, or encumbrance of any right to benefits which are or may become due or payable under this chapter shall be valid and the right to benefits shall not be subject to levy, execution, attachment, garnishment, or any other remedy for the collection of debt. No waiver of this section shall be valid, except that this section shall not apply to:
(1) Section 383-163.5 with respect to the withholding and deduction of benefits for the payment of child support obligations;
(2) Section 383-163.6 with respect to the voluntary withholding and deduction of benefits for payment of federal and state income taxes; and
(3) Section 383-163.7 with respect to the withholding and deduction of benefits for repayment of uncollected overissuances of food stamp coupons. [L 1939, c 219, §13(c); am L 1941, c 304, §1, pt of subs 35; RL 1945, §4287; RL 1955, §93-152; HRS §383-163; am L 1982, c 58, §9; am L 1997, c 172, §5]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 383. Hawaii Employment Security Law › 383-163.5 Child support intercept of unemployment benefits.

§383-163.5 Child support intercept of unemployment benefits.
(a) An individual filing a new claim for unemployment compensation, at the time of filing such claim, shall disclose whether or not that individual owes child support obligations as defined under subsection (g). If any individual owes child support obligations and is determined to be eligible for unemployment compensation, the department shall notify the child support enforcement agency that the individual has been determined to be eligible for unemployment compensation.
(b) The department shall deduct and withhold, from any unemployment compensation payable to an individual who owes child support obligations, one of the following:
(1) The amount specified by the individual to the department to be deducted and withheld under this subsection, if neither paragraph (2) nor (3) is applicable;
(2) The amount, if any, determined pursuant to an agreement submitted to the department under section 454(20)(B)(i) of the Social Security Act by the child support enforcement agency, unless paragraph (3) is applicable; or
(3) Any amount otherwise required to be so deducted and withheld from such unemployment compensation pursuant to legal process, as that term is defined in section 462(e) of the Social Security Act, properly served upon the department.
(c) Any amount deducted and withheld under subsection (b) shall be paid by the department to the child support enforcement agency.
(d) Any amount deducted and withheld under subsection (b) shall for all purposes be treated as if it were paid to the individual as unemployment compensation and paid by the individual to the child support enforcement agency in satisfaction of the individual's child support obligations.
(e) For purposes of subsections (a) to (d), the term "unemployment compensation" means any compensation payable under this chapter, chapter 385, and amounts payable by the department pursuant to an agreement under any federal law providing for compensation, assistance, or allowances with respect to unemployment.
(f) This section applies only if appropriate arrangements have been made for reimbursement by the child support enforcement agency for the administrative costs incurred by the department under this section.
(g) As used in this section, the term "child support obligations" includes only obligations which are being enforced pursuant to section 576D-1.
(h) As used in this section, the term "child support enforcement agency" means the agency established under chapter 576D. [L 1982, c 58, §7; am L 1986, c 332, §10; am L 1998, c 153, §3]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 383. Hawaii Employment Security Law › 383-163.7 Deduction and withholding of uncollected food stamp overissuances.

§383-163.7 Deduction and withholding of uncollected food stamp overissuances.
(a) An individual filing a new claim for unemployment compensation shall, at the time of filing the claim, disclose whether the individual owes an uncollected overissuance (as defined in section 13(c)(1) of the Food Stamp Act of 1977) of food stamp coupons. The department shall notify the state food stamp agency enforcing the obligation of any individual who discloses that the individual owes an uncollected overissuance and who is determined to be eligible for unemployment compensation.
(b) The department shall deduct and withhold from any unemployment compensation payable to an individual who owes an uncollected overissuance:
(1) The amount specified by the individual to the department to be deducted and withheld under this subsection;
(2) The amount determined pursuant to an agreement between the individual and the state food stamp agency under section 13(c)(3)(A) of the Food Stamp Act of 1977; or
(3) Any amount otherwise required to be deducted and withheld from unemployment compensation pursuant to section 13(c)(3)(B) of the Food Stamp Act of 1977.
(c) Any amount deducted and withheld under this section shall be paid by the department to the appropriate state food stamp agency.
(d) Any amount deducted and withheld under subsection (b) shall for all purposes be treated as if it were paid to the individual as unemployment compensation and paid by the individual to the state food stamp agency as repayment of the individual's uncollected overissuance.
(e) For purposes of this section, the term "unemployment compensation" means any compensation payable under this chapter, including amounts payable pursuant to an agreement under any federal law providing for compensation, assistance, or allowances with respect to unemployment.
(f) This section applies only if arrangements have been made for reimbursement by the state food stamp agency for all administrative costs incurred by the department under this section that are attributable to the repayment of uncollected overissuances to the state food stamp agency. [L 1997, c 172, §1]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 383. Hawaii Employment Security Law › 383-164 Nonliability of State.

§383-164 Nonliability of State.
Benefits shall be deemed to be due and payable under this chapter only to the extent provided in this chapter, and to the extent that moneys are available therefor to the credit of the unemployment compensation fund and the department of labor and industrial relations shall not be liable for any amount in excess of such sums. [L 1939, c 219, §19; RL 1945, §4298; RL 1955, §93-153; am L Sp 1959 2d, c 1, §27; HRS §383-164]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 383. Hawaii Employment Security Law › 383-165 Saving clause, amendment, or repeal.

§383-165 Saving clause, amendment, or repeal.
The legislature reserves the right to amend or repeal all or any part of this chapter at any time; and there shall be no vested private right of any kind against such amendment or repeal. All the rights, privileges, or immunities conferred by this chapter or by acts done pursuant thereto shall exist subject to the power of the legislature to amend or repeal this chapter at any time. [L 1939, c 219, §20; RL 1945, §4299; RL 1955, §93-154; HRS §383-165]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 383. Hawaii Employment Security Law › 383-166 Conformity with federal law.

§383-166 Conformity with federal law.
The legislature hereby declares its intention to provide for carrying out the purposes of this chapter in cooperation with the appropriate agencies of other states and of the federal government, as part of a nationwide employment security program, and particularly to provide for meeting the requirements of title III of the Social Security Act, the requirements of section 3303 and section 3304 of Internal Revenue Code of 1954 (the federal Unemployment Tax Act), and the requirements of the Act of Congress referred to in section 383-104, each as amended, in order to secure for the State and the citizens thereof the grants and privileges available thereunder. All doubts as to the proper construction of this chapter shall be resolved in favor of conformity with such requirements. [L 1939, c 219, §21; am L 1941, c 304, §1, subs 38; RL 1945, §4300; RL 1955, §93-155; HRS §383-166]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 383. Hawaii Employment Security Law › 383-167 Amendment or repeal of federal law, effect of; nonconformity, effect of.

§383-167 Amendment or repeal of federal law, effect of; nonconformity, effect of.
If at any time the governor finds that the federal Unemployment Tax Act has been amended or repealed by act of Congress, with the result that no portion of the contributions required by this chapter may be credited against the tax under the federal Unemployment Tax Act, the governor shall publicly so proclaim and upon the date of such proclamation this chapter requiring the payment of contributions and benefits shall be suspended. The department of labor and industrial relations shall thereupon requisition from the unemployment trust fund all moneys therein standing to the credit of the State and shall direct the director of finance to deposit such moneys, together with any other moneys in the fund, as a special fund in any banks or public depositaries in the State in which general funds of the State may be deposited. Such moneys shall after six months be refunded to the employers who have made contributions under this chapter, on the following basis: each employer shall be entitled to the total of the contributions paid by the employer less the total of benefits charged to the employer's account pursuant to sections 383-63 to 383-69, and if there are not sufficient moneys to pay all expenses and to pay to all the employers the amounts to which they are respectively entitled, then the amounts which the employers shall receive shall be reduced proportionately. If after the payment of all expenses and the payment to the employers of the amounts to which they are entitled there are any moneys undisposed of, the same shall be held for disposition as the legislature may prescribe.
If at any time this chapter is amended and the effect of the amendment or any part thereof is to legally impair or prevent the application of contributions under this chapter as a credit against the taxes levied under the federal Unemployment Tax Act, then the disabling amendment or part thereof shall not go into effect so long as the disability or prohibition exists and shall go into effect if and when the disability or prohibition ceases to exist, and in any case where the effect is caused by a part of an amendment the remainder of the amendment shall not be affected thereby and shall nevertheless go into effect in accordance with its provisions. [L 1939, c 219, §21; am L 1941, c 304, §1, subs 39; RL 1945, §4301; RL 1955, §93-156; am L Sp 1959 2d, c 1, § §14, 27; am L 1963, c 114, §1; HRS §383-167; gen ch 1985]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 383. Hawaii Employment Security Law › 383-169 Effect of state law provisions relating to regular benefits on claims for, and the payment of, extended benefits.

§383-169 Effect of state law provisions relating to regular benefits on claims for, and the payment of, extended benefits.
Except when the result would be inconsistent with the other provisions of this part, as provided in the regulations of the director, the provisions of this chapter which apply to claims for, or the payment of, regular benefits shall apply to claims for, and the payment of, extended benefits. [L 1971, c 187, pt of §13]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 383. Hawaii Employment Security Law › 383-170.5 Ineligibility for extended benefits when paid under an interstate claim in a state where extended benefit period is not in effect.

§383-170.5 Ineligibility for extended benefits when paid under an interstate claim in a state where extended benefit period is not in effect.
(a) Except as provided in subsection (b), an individual shall not be eligible for extended benefits for any week if:
(1) Extended benefits are payable for such week pursuant to an interstate claim filed in any state under the interstate benefit payment plan, and
(2) No extended benefit period is in effect for such week in such state.
(b) Subsection (a) shall not apply with respect to the first two weeks for which extended benefits are payable (determined without regard to this section) pursuant to an interstate claim filed under the interstate benefit payment plan to the individual from the extended benefit account established for the individual with respect to the benefit year. [L 1981, c 219, §1]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 383. Hawaii Employment Security Law › 383-171 Weekly extended benefit amount.

§383-171 Weekly extended benefit amount.
The weekly extended benefit amount payable to an individual for a week of total unemployment in the individual's eligibility period shall be an amount equal to the weekly benefit amount payable to the individual during the individual's applicable benefit year. For any individual who was paid benefits during the applicable benefit year in accordance with more than one weekly benefit amount, the weekly extended benefit amount shall be the average of such weekly benefit amounts. [L 1971, c 187, pt of §13; gen ch 1985]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 383. Hawaii Employment Security Law › 383-172 Total extended benefit amount.

§383-172 Total extended benefit amount.
The total extended benefit amount payable to any eligible individual with respect to the individual's applicable benefit year shall be fifty per cent of the total amount of regular benefits which were payable to the individual under this chapter in the individual's applicable benefit year; provided that the amount so determined shall be reduced by the total amount of additional benefits paid (or deemed paid) to the individual for weeks of unemployment in the individual's benefit year which began prior to the effective date of the extended benefit period which is current in the week for which the individual first claims extended benefits. [L 1971, c 187, pt of §13; am L 1974, c 156, §3; gen ch 1985]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 383. Hawaii Employment Security Law › 383-173 Beginning and termination of extended benefit period.

§383-173 Beginning and termination of extended benefit period.
Whenever an extended benefit period is to become effective in this State as a result of a state "on" indicator, or an extended benefit period is to be terminated in this State as a result of a state "off" indicator, the director shall make an appropriate public announcement. [L 1971, c 187, pt of §13; am L 1982, c 58, §3]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 383. Hawaii Employment Security Law › 383-174 Computations.

§383-174 Computations.
Computations required by section 383-168(4) shall be made by the director, in accordance with regulations prescribed by the United States Secretary of Labor. [L 1971, c 187, pt of §13; am L 1982, c 58, §4]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 383. Hawaii Employment Security Law › 383-176 Limitation of extended benefits by trade readjustment allowance.

§383-176 Limitation of extended benefits by trade readjustment allowance.
Notwithstanding any other provisions of this chapter, if the benefit year of any individual ends within an extended benefit period, the remaining balance of extended benefits that such individual, but for this section, would be entitled to receive in that extended benefit period, with respect to weeks of unemployment beginning after the end of the benefit year, shall be reduced (but not below zero) by the product of the number of weeks for which the individual received any amount as trade readjustment allowance within that benefit year, multiplied by the individual's weekly benefit amount for extended benefits. [L 1982, c 58, §5]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 385. Additional Unemployment Compensation Benefits Law › 385-1 Additional unemployment compensation benefits; payable when.

§385-1 Additional unemployment compensation benefits; payable when.
The additional unemployment benefits provided for in this chapter shall be authorized when a disaster, either natural or manmade, has struck the State, or any county thereof causing damage to a substantial number of persons and families so as to require assistance from the State, and an unemployment problem has been created thereby.
Upon the occurrence of the disaster, the governor may provide additional unemployment benefits in the appropriate county or counties as provided for in this chapter. The additional benefits shall be operative upon the issuance by the governor of a proclamation specifically invoking this chapter and identifying the county or counties which have been affected and in which provision for additional unemployment benefits shall be made operative. [L 1961, c 157, pt of §1; Supp, §93B-2; HRS §385-1; am L 1972, c 47, §1]
Cross References
For additional disaster unemployment benefits, see §209-41.
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 385. Additional Unemployment Compensation Benefits Law › 385-3 Payment of benefits.

§385-3 Payment of benefits.
Additional unemployment benefits are payable from the fund to unemployed claimants who are eligible under this chapter. [L 1961, c 157, pt of §1; Supp, §93B-4; HRS §385-3]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 385. Additional Unemployment Compensation Benefits Law › 385-4 Weekly benefit amount.

§385-4 Weekly benefit amount.
A claimant's weekly benefit amount under this chapter shall be the same as the claimant's weekly normal benefit amount payable during the claimant's current benefit year if the claimant has an unexpired benefit year, or the claimant's most recent benefit year less that part of wages (if any) payable to the claimant with respect to such week which is in excess of $2; provided that if the claimant was self-employed during the week in which the disaster identified by the governor in the proclamation provided for in section 385-1 occurred, or the claimant was employed during such week but the claimant's total earned wages are insufficient to entitle the claimant to normal benefits, then the claimant's weekly benefit amount shall be the average weekly benefit payable at that time less that part of wages (if any) payable to the claimant with respect to such week which is in excess of $2. [L 1961, c 157, pt of §1; Supp, §93B-5; HRS §385-4; am L 1972, c 47, §2; gen ch 1985]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 385. Additional Unemployment Compensation Benefits Law › 385-5 Maximum benefits payable.

§385-5 Maximum benefits payable.
A claimant's maximum potential additional unemployment benefits shall be thirteen times the claimant's weekly benefit amount, and shall be determined in the week in which the claimant first claims for additional unemployment benefits and shall remain unchanged for the period specified in section 385-16. [L 1961, c 157, pt of §1; Supp, §93B-6; HRS §385-5; gen ch 1985]
Case Notes
Although remedies provided by workers' compensation are exclusive, it does not prevent employee from suing employer for intentional infliction of emotional distress. 679 F. Supp. 991 (1988).
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 385. Additional Unemployment Compensation Benefits Law › 385-6 Requirements for eligibility.

§385-6 Requirements for eligibility.
An unemployed claimant is eligible to receive additional unemployment benefits with respect to any week only if the director of labor and industrial relations finds that:
(1) The claimant has made a claim for additional unemployment benefits with respect to that week in accordance with the rules as the director may prescribe with respect to claims for normal benefits;
(2) The claimant meets the eligibility requirements of section 383-29(a)(2) and (3);
(3) The claimant is not subject to disqualification and is not under disqualification for normal benefits under section 383-30;
(4) The claimant is not entitled to receive unemployment compensation benefits under any state or federal unemployment compensation laws for the week in which the claimant claims for additional unemployment benefits;
(5) The claimant is not entitled to receive disaster benefits under any state or federal law for the week in which the claimant claims additional unemployment benefits. [L 1961, c 157, pt of §1; Supp, §93B-7; HRS §385-6; am L 1972, c 47, §3; am L 1982, c 20, §6; gen ch 1985; am L 2015, c 35, §15]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 385. Additional Unemployment Compensation Benefits Law › 385-8 Claim.

§385-8 Claim.
A claimant who desires to claim additional unemployment benefits shall file a claim pursuant to section 383-32. [L 1961, c 157, pt of §1; Supp, §93B-9; HRS §385-8]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 385. Additional Unemployment Compensation Benefits Law › 385-9 Effective date of claim; waiting period not required.

§385-9 Effective date of claim; waiting period not required.
The effective date of a claim shall be the first day of the week in which a claim is first filed. No claimant shall be required to serve a waiting period. [L 1961, c 157, pt of §1; Supp, §93B-10; HRS §385-9]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 385. Additional Unemployment Compensation Benefits Law › 385-10 Determination, redetermination, notice of determination, appeal.

§385-10 Determination, redetermination, notice of determination, appeal.
The procedure with respect to the determinations and redeterminations of claims for additional unemployment benefits and with respect to appeals from such determination and redeterminations and with respect to judicial review of decisions on such appeals shall be governed by sections 383-33 to 383-41. [L 1961, c 157, pt of §1; Supp, §93B-11; HRS §385-10]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 385. Additional Unemployment Compensation Benefits Law › 385-11 Recovery of additional unemployment benefits; penalties.

§385-11 Recovery of additional unemployment benefits; penalties.
(a) Any person who makes, or causes to be made by another, a false statement or representation of material fact knowing it to be false or who knowingly fails, or causes another to fail, to disclose a material fact, and as a result thereof has received any amount as benefits under this chapter to which the person was not entitled shall be liable for such amount. Notice of redetermination in such cases shall specify that the person is liable to repay to the fund the amount of additional unemployment benefits paid to the person by reason of such nondisclosure or misrepresentation, and the week or weeks for which the benefits were paid.
(b) If, under this section a claimant is liable to repay any amount to the director of labor and industrial relations, such amount shall be collectible without interest by civil action in the name of the director.
(c) Whoever makes a false statement or representation knowing it to be false or who knowingly fails to disclose a material fact to obtain or increase any benefit or other payment under this chapter shall be fined no less than $175 nor more than $1,750, or imprisoned no more than one year, or both. [L 1961, c 157, pt of §1; Supp, §93B-121; HRS §385-11; am L 1972, c 47, §5; gen ch 1985; am L 2020, c 44, §5]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 385. Additional Unemployment Compensation Benefits Law › 385-12 Additional unemployment compensation fund.

§385-12 Additional unemployment compensation fund.
There is created a fund to be known as the additional unemployment compensation fund. The director of finance of the State shall be custodian of the fund, and all disbursements therefrom shall be paid by the director upon orders signed by the director.
Moneys credited to the account of the fund may be requisitioned and used for the payment of expenses incurred for the administration of this chapter. [L 1961, c 157, pt of §1; am L 1963, c 114, §1; Supp, §93B-13; HRS §385-12; gen ch 1985]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 385. Additional Unemployment Compensation Benefits Law › 385-13 Administration; other sections applicable.

§385-13 Administration; other sections applicable.
For the purposes of this chapter, sections 383-91, 383-92, 383-95, 383-96, and 383-98 to 383-103 shall apply, mutatis mutandis, to the administration of this chapter. [L 1961, c 157, pt of §1; Supp, §93B-14; HRS §385-13]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 385. Additional Unemployment Compensation Benefits Law › 385-14 Rights, etc., preserved; other sections applicable.

§385-14 Rights, etc., preserved; other sections applicable.
For the purposes of this chapter, sections 383-161 to 383-163 shall apply mutatis mutandis. [L 1961, c 157, pt of §1; Supp, §93B-15; HRS §385-14]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 385. Additional Unemployment Compensation Benefits Law › 385-15 Nonliability of State.

§385-15 Nonliability of State.
Additional unemployment benefits shall be deemed to be due and payable under this chapter only to the extent provided in this chapter, subject to amendment or repeal thereof, and to the extent that moneys are available therefor to the credit of the additional unemployment compensation fund. [L 1961, c 157, pt of §1; Supp, §93B-16; HRS §385-15; am L 1972, c 47, §6]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 385. Additional Unemployment Compensation Benefits Law › 385-16 Period of benefit payments; issuance of further proclamations.

§385-16 Period of benefit payments; issuance of further proclamations.
Where the additional benefits provided by this chapter are made payable by the governor's proclamation after the occurrence of a disaster, the benefits shall be payable only for a period of one year after the effective date of the proclamation.
Nothing herein shall prevent the governor from issuing further proclamations invoking this chapter in the event other disasters occur. [L 1961, c 157, pt of §1; Supp, §93B-17; HRS §385-16; am L 1972, c 47, §7]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 386. Workers' Compensation Law › 386-2 Definitions relating to family relationships.

§386-2 Definitions relating to family relationships.
"Brother" or "sister" includes a half brother or half sister, a stepbrother or stepsister, and a brother or sister by adoption.
"Child" includes a posthumous child, adopted child, stepchild, child born to parents not married to each other, and hanai child acknowledged prior to the personal injury.
"Grandchild" includes a child of an adopted child and a child of a stepchild, but does not include a stepchild of a child.
"Grandparent" includes a parent of a parent by adoption, but does not include a parent of a stepparent, a stepparent of a parent, or a stepparent of a stepparent.
"Parent" includes a stepparent or a parent by adoption. [L 1963, c 116, pt of §1; Supp, §97-2; HRS §386-2; am L 1982, c 193, §1; am L 1997, c 52, §1]
Revision Note
Definitions rearranged pursuant to §23G-15.
Attorney General Opinions
Prior to 1982 amendment, benefits under workers' compensation law did not extend to hanai children. Att. Gen. Op. 93-1.
Case Notes
Construed. 31 H. 814 (1931).
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 386. Workers' Compensation Law › 386-3.5 Negotiation for benefit coverage. (a) Notwithstanding any provision of law to the contrary, any employer may determine the benefits and coverage of a policy required under this chapter through collective bargaining with an appropriate bargaining unit; provided that the bargained agreement shall be reviewed by the director to ensure that the agreement does not provide benefits and coverage less than those provided in this chapter. The director shall approve the agreement within ninety days after submittal upon a finding that the agreement provides the benefits and coverage required. This section shall not apply to collective bargaining contracts negotiated pursuant to chapter 89. The director may adopt rules pursuant to chapter 91 to implement this section. (b) This section shall apply only to collective bargaining agreements negotiated subsequent to June 29, 1995. [L 1995, c 234, §1] Revision Note Section was enacted as an addition to part II, but was codified to this part pursuant to §23G-15. "June 29, 1995" substituted for "the effective date of this Act".

§386-3.5
Negotiation for benefit coverage.
(a) Notwithstanding any provision of law to the contrary, any employer may determine the benefits and coverage of a policy required under this chapter through collective bargaining with an appropriate bargaining unit; provided that the bargained agreement shall be reviewed by the director to ensure that the agreement does not provide benefits and coverage less than those provided in this chapter. The director shall approve the agreement within ninety days after submittal upon a finding that the agreement provides the benefits and coverage required. This section shall not apply to collective bargaining contracts negotiated pursuant to chapter 89. The director may adopt rules pursuant to chapter 91 to implement this section.
(b) This section shall apply only to collective bargaining agreements negotiated subsequent to June 29, 1995. [L 1995, c 234, §1]
Revision Note
Section was enacted as an addition to part II, but was codified to this part pursuant to §23G-15.
"June 29, 1995" substituted for "the effective date of this Act".
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 386. Workers' Compensation Law › 386-4 Voluntary coverage.

§386-4 Voluntary coverage.
Any employer who has individuals in the employer's employment who are not employees as defined in section 386-1 may elect to provide coverage for them under this chapter. During the period for which the election is effective the employer and the individuals in the employer's employment covered thereby shall be deemed to be employees and be subject in all respects to this chapter.
Election by any employer to provide coverage under this chapter shall be made by securing compensation to the individuals in the employer's employment affected thereby in the manner provided in section 386-121 and giving the notice prescribed by section 386-122.
Every employer who elects to provide coverage under the terms of this section shall be bound by the election until January 1 of the next succeeding year and for terms of one year thereafter. Any such employer may elect to discontinue the coverage for personal injuries occurring after the expiration of any such calendar year by filing notice of the election with the director of labor and industrial relations at least sixty days prior to the expiration of any such calendar year and at the same time posting notices to that effect conspicuously in such places of work that they can reasonably be expected to come to the attention of all individuals affected thereby. [L 1963, c 116, pt of §1; Supp, §97-4; HRS §386-4; gen ch 1985]
Case Notes
Cited: 41 H. 603, 605 (1957).
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 386. Workers' Compensation Law › 386-6 Territorial applicability.

§386-6 Territorial applicability.
(a) This chapter shall be applicable to all work injuries sustained by employees within the territorial boundaries of the State.
(b) If an employee who has been hired in the State suffers work injury, the employee shall be entitled to compensation under this chapter even though the injury was sustained without the State. The right to compensation shall exclude all other liability of the employer for damages as provided in section 386-5. All contracts of hire of employees made within the State shall be deemed to include an agreement to that effect.
(c) If an employee who has been hired without the State is injured while engaged in the business of the employee's employer, and is entitled to compensation for the injury under the law of the state or territory where the employee was hired, the employee shall be entitled to enforce against the employee's employer the employee's rights in this State if the employee's rights are such that they can reasonably be determined and dealt with by the director of labor and industrial relations, the appellate board, and the court in this State. [L 1963, c 116, pt of §1; Supp, §97-6; HRS §386-6; am L 2016, c 55, §10]
Case Notes
Not exclusive remedy where emotional distress is caused by wilful and wanton conduct of corporate officer. 720 F. Supp. 829 (1989).
Claimant not entitled to rely on foreign law where in proceedings below, claimant not only failed to rely on foreign law but affirmatively relied on Hawaii law. 54 H. 98, 503 P.2d 434 (1972).
Employee "hired in the State" construed. 59 H. 551, 584 P.2d 119 (1978).
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 386. Workers' Compensation Law › 386-7 Interstate and foreign commerce and maritime employment.

§386-7 Interstate and foreign commerce and maritime employment.
To the extent permissible under the Constitution and the laws of the United States, this chapter shall apply to employees and employers engaged in interstate and foreign commerce and to employees in maritime employment and their employers not otherwise provided for by the laws of the United States. [L 1963, c 116, pt of §1; Supp, §97-7; HRS §386-7]
Case Notes
Employment of all decedents, circumstances of death, and purpose of mission bore significant relationship to traditional maritime activity. 557 F. Supp. 1024 (1983).
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 386. Workers' Compensation Law › 386-8.5 Limits of third party liability.

§386-8.5 Limits of third party liability.
(a) Notwithstanding section 386-8 and any other law to the contrary, when a work injury for which compensation is payable under this chapter has been sustained, the discussion or furnishing of, or failure to discuss or furnish, or failure to enforce any safety, health, or personal conduct provision to protect employees against work injuries, in any collective bargaining agreement or in negotiations thereon, shall not subject a labor organization representing the injured employee to any civil liability for the injury.
(b) As used in this section:
"Health provision" includes but is not limited to health inspections and advisory services.
"Labor organization" means any organization that exists and is constituted for the purposes, in whole or in part, of collective bargaining or dealing with employers, concerning grievances, terms, or conditions of employment, or of other mutual aid or protection, and includes both private industry and public employment labor organizations.
"Personal conduct provision" includes but is not limited to contractual language covering sexual harassment or assault and related infliction of emotional distress or invasion of privacy.
"Safety provision" includes but is not limited to safety inspections and advisory services.
(c) No construction design professional who is retained to perform professional services on a construction project or any employee of a construction design professional who is assisting or representing the construction design professional in the performance of professional services on the site of the construction project shall be liable for any injury on the construction project resulting from the employer's failure to comply with safety standards on the construction project for which compensation is recoverable under this chapter unless the responsibility for the compliance of safety practices is specifically assumed by contract or by other conduct of the construction design professional or any employee of the construction design professional who is assisting or representing the construction design professional in the performance of professional services on the site of the construction project. The limitation of liability provided by this subsection to any construction design professional shall not apply to the negligent preparation of design plans or specifications. [L 1980, c 100, §2; am L 1989, c 300, §3; am L 1992, c 275, §3; am L 2016, c 55, §12]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 386. Workers' Compensation Law › 386-9 Contracting out forbidden.

§386-9 Contracting out forbidden.
Except as provided in section 386-78, no contract, rule, regulation or device whatsoever shall operate to relieve the employer in whole or in part from any liability created by this chapter. [L 1963, c 116, pt of §1; Supp, §97-9; HRS §386-9; am L 1969, c 17, §1]
Case Notes
Section preempted by ERISA to the extent it prohibits offsetting workers' compensation payments intended to provide income replacement against pension benefits. 679 F.2d 1319 (1982).
Cited: 23 H. 291, 294 (1916); 31 H. 672, 673 (1930).
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 386. Workers' Compensation Law › 386-10 Out of state employers.

§386-10 Out of state employers.
Any employer whose principal place of business is outside the State shall, prior to the commencement of employment within the State, register with the director the employer's name, approximate total wages to be paid, and the dates of employment activity within the State. The employer shall file with the director, in the form prescribed by the director, a notice of insurance as required by section 386-122. [L 1986, c 132, §1; am L 1989, c 24, §1]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 386. Workers' Compensation Law › 386-21.1 Medical care, services, and supplies for controverted claims. In the event of a controverted claim, the injured employee's private health care plan shall pay for or provide medical care, services, and supplies in accordance with the private health care contract. When the claim is accepted or determined to be compensable, the employer shall reimburse the private health care plan and the injured employee in amounts as authorized by this chapter and rules adopted by the director. [L 2018, c 107, pt of §2]

§386-21.1
Medical care, services, and supplies for controverted claims.
In the event of a controverted claim, the injured employee's private health care plan shall pay for or provide medical care, services, and supplies in accordance with the private health care contract. When the claim is accepted or determined to be compensable, the employer shall reimburse the private health care plan and the injured employee in amounts as authorized by this chapter and rules adopted by the director. [L 2018, c 107, pt of §2]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 386. Workers' Compensation Law › 386-21.2 Treatment plans.

§386-21.2 Treatment plans.
(a) A physician may transmit a treatment plan to an employer by mail or facsimile; provided that the physician shall send the treatment plan to an address or facsimile number provided by the employer.
(b) Beginning January 1, 2021, an employer shall allow a physician to transmit a treatment plan to an employer by mail, facsimile, or secure electronic means; provided that the physician shall send the treatment plan to an address or facsimile number provided by the employer.
(c) A treatment plan shall be deemed received by an employer when the plan is sent by mail or facsimile with reasonable evidence showing that the treatment plan was received.
(d) A treatment plan shall be deemed accepted if an employer fails to file with the director:
(1) An objection to the treatment plan;
(2) Any applicable documentary evidence supporting the denial; and
(3) A copy of the denied treatment plan,
copying the physician and the injured employee.
(e) After acceptance of the treatment plan, an employer may file an objection to the plan if new documentary evidence supporting the denial is received by the employer. [L 2016, c 101, §2]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 386. Workers' Compensation Law › 386-21.5 Publication of fees by prepaid health care plan contractors.

§386-21.5 Publication of fees by prepaid health care plan contractors.
(a) A prepaid health care plan contractor as defined in section 393-3 shall provide the director upon request with a schedule of all the maximum allowable medical fees.
(b) Pursuant to section 386-21(c), the director shall review and, to the extent possible, shall use the fee obtained under subsection (a) as the primary guideline in establishing prevalent charges for medical care, services, and supplies in adopting the fee schedule for workers' compensation claims. [L 1995, c 234, §2]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 386. Workers' Compensation Law › 386-21.7 Prescription drugs; pharmaceuticals.

§386-21.7 Prescription drugs; pharmaceuticals.
(a)
Notwithstanding any other provision to the contrary, immediately after a work injury is sustained by an employee and so long as reasonably needed, the employer shall furnish to the employee all prescription drugs as the nature of the injury requires; provided that initial concurrent prescriptions for opioids and benzodiazepines shall meet the requirements of section 386-29. The liability for the prescription drugs shall be subject to the deductible under section 386-100.
(b) Payment for all forms of prescription drugs including repackaged and relabeled drugs shall be one hundred forty per cent of the average wholesale price set by the original manufacturer of the dispensed prescription drug as identified by its National Drug Code and as published in the Red Book: Pharmacy's Fundamental Reference as of the date of dispensing, except where the employer or carrier, or any entity acting on behalf of the employer or carrier, directly contracts with the provider or the provider's assignee for a lower amount.
(c) Payment for compounded prescription drugs shall be the sum of one hundred forty per cent of the average wholesale price by gram weight of each underlying prescription drug contained in the compounded prescription drug. For compounded prescription drugs, the average wholesale price shall be that set by the original manufacturer of the underlying prescription drug as identified by its National Drug Code and as published in the Red Book: Pharmacy's Fundamental Reference as of the date of compounding, except where the employer or carrier, or any entity acting on behalf of the employer or carrier, directly contracts with the provider or provider's assignee for a lower amount.
(d) All pharmaceutical claims submitted for repackaged, relabeled, or compounded prescription drugs shall include the National Drug Code of the original manufacturer. If the original manufacturer of the underlying drug product used in repackaged, relabeled, or compounded prescription drugs is not provided or is unknown, then reimbursement shall be one hundred forty per cent of the average wholesale price for the original manufacturer's National Drug Code number as listed in the Red Book: Pharmacy's Fundamental Reference of the prescription drug that is most closely related to the underlying drug product.
(e) Notwithstanding any other provision in this section to the contrary, equivalent generic drug products shall be substituted for brand name pharmaceuticals unless the prescribing physician certifies that no substitution shall be prescribed because the injured employee's condition does not tolerate an equivalent generic drug product.
(f) For purposes of this section, "equivalent generic drug product" has the same meaning as provided in section 328-91. [L 2014, c 231, §2; am L 2018, c 155, §3]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 386. Workers' Compensation Law › 386-21.9 Medical care, services, and supplies for firefighters suffering from cancer. If a claim for leukemia, multiple myeloma, non-Hodgkin lymphoma, or cancer of the lung, brain, stomach, esophagus, intestines, rectum, kidney, bladder, prostate, or testes filed by an employee with five or more years of service as a firefighter is accepted or determined to be compensable, section 386-21 shall remain applicable; provided that the employer shall be liable for medical care, services, and supplies for a minimum of one hundred ten per cent, and not to exceed one hundred fifty per cent of fees prescribed in the Medicare Resource Based Relative Value Scale applicable to Hawaii as prepared by the United States Department of Health and Human Services. [L 2018, c 107, pt of §2]

§386-21.9
Medical care, services, and supplies for firefighters suffering from cancer.
If a claim for leukemia, multiple myeloma, non-Hodgkin lymphoma, or cancer of the lung, brain, stomach, esophagus, intestines, rectum, kidney, bladder, prostate, or testes filed by an employee with five or more years of service as a firefighter is accepted or determined to be compensable, section 386-21 shall remain applicable; provided that the employer shall be liable for medical care, services, and supplies for a minimum of one hundred ten per cent, and not to exceed one hundred fifty per cent of fees prescribed in the Medicare Resource Based Relative Value Scale applicable to Hawaii as prepared by the United States Department of Health and Human Services. [L 2018, c 107, pt of §2]