Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 22 - CERTIFICATIONS AND FINDINGS OF THE MEDICAL BOARD OR DESIGNATED ENTITY › Section 6-22-2 - Definitions

Current through June, 2024
Definitions generally applicable to this chapter are also
				  provided in section
				  88-21, HRS, and
				  section 6-20-1. As used in this chapter:
"Accident" means an unlooked for mishap or untoward event
				  which is not expected or designed, occurring while in the actual performance of
				  duty at some definite time and place.
"Actual performance of duty": If the member is disabled as
				  the natural and proximate result of an accident, the accident shall be deemed
				  to have occurred while in the actual performance of duty even if the member may
				  not have been actually engaged in performing the duties of the member's job;
				  provided that the accident occurred during working hours either:
(1) On the work premises; or
(2) At wherever the member's duties require the member to
				  be.
"Designated entity" means an entity designated by the system
				  to review applications for disability retirement and accidental death benefits
				  and to provide findings and certifications to the system regarding those
				  applications in accordance with sections
				  88-75,
				  88-79,
				  88-85.5,
				  88-284,
				  88-285,
				  88286,
				  88-335,
				  88-336,
				  or
				  88-339,
				  HRS.
"Gainful employment" means substantial gainful employment
				  which is commensurate with the member's age, education, experience, training,
				  and physical and mental capacities.
"Medical board" means the board of physicians provided for in
				  section
				  88-31, HRS.
"Natural and proximate result" means the result that would
				  naturally follow from the accident, unbroken by any independent cause.
"Occupational hazard" means a danger or risk which is
				  inherent in, and concomitant to, a particular occupation. To be considered an
				  "occupational hazard," the causative factors must be those which are not
				  ordinarily incident to employment in general and must be different in character
				  from those found in the general run of occupations, the general run of
				  occupations meaning many but not all occupations.
"Ordinary disability" means a mental or physical incapacity
				  for the further performance of duty, that, at the time of the application for
				  disability retirement, is likely to be permanent.
"Service-connected disability" means a mental or physical
				  incapacity for the further performance of duty that, at the time of the
				  application for disability retirement is likely to be permanent, is not the
				  result of wilful negligence on the member's part, and is:
(1) The natural and proximate result of an accident occurring
				  while in the actual performance of duty at some definite place and time;
				  or
(2) The cumulative result of some occupational hazard.
"Substantial gainful employment" means a significant amount
				  of fairly constant physical or mental work activity, or both, which is
				  productive in nature and is done for remuneration or profit, whether or not the
				  work activity is part-time, pays less or has less responsibility than that of
				  the person's previous employment; provided that the work activity:
(1) Shall amount to at least thirty hours a week; or
(2) Shall produce a gross income of not less than an amount
				  which is equivalent to the minimum hourly wage as set by state law multiplied
				  by thirty hours, regardless of the number of hours the person may have actually
				  worked.
"Wilful negligence" means the intentional failure to use
				  ordinary care such as a reasonably prudent person would exercise.