Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 10 - WORKERS COMPENSATION › Subchapter 2 - COMPENSATION › Section 12-10-28 - Subsequent injuries which would increase disabilities under section 386-33, HRS

Current through June, 2024
(a) Within sixty days after medical care is
				prescribed and refused, or when curative medical care and rehabilitation is
				exhausted, and it is not likely the employee will be further rehabilitated or
				restored to preinjury status, the employee shall be deemed to have reached
				maximum medical stabilization. The extent of medical impairment preexisting the
				work injury, shall be assessed by a physician pursuant to section 12-10-21(a).
				The director shall convene a hearing to determine the temporary total
				disability period, the extent of permanent disability, and the responsibilities
				of the employer and the special compensation fund.
(b) In determining an employer's liability of
				one hundred four weeks of disability pursuant to section
				386-33(a)
				(1) and (2), HRS, the employer shall receive
				no credit for compensation paid to an employee during periods of temporary
				total disability. The employer shall receive credit for all compensation paid
				to an employee on account of permanent partial disability resulting from the
				injury as against the liability of one hundred four weeks of permanent partial
				or permanent total disability.
(c)
				In determining an employer's liability of one hundred four weeks of disability
				pursuant to section
				386-33(a)
				(3), HRS, the employer shall receive no
				credit for compensation paid to an employee on account of temporary total,
				temporary partial, permanent partial, or permanent total disability.
(d) The product of one hundred four or
				thirty-two multiplied by the employee's weekly benefit rate pursuant to section
				386-31(a),
				HRS, on the date of injury shall be used to determine credit for one hundred
				four or thirty-two weeks for disabilities covered by section
				386-32(a)
				HRS.
(e) The product of thirty-two
				multiplied by the employee's weekly benefit rate pursuant to section
				386-31(a),
				HRS, on the date of injury shall be used to determine credit for thirty-two
				weeks for death benefits covered by sections
				386-41
				through
				386-43,
				HRS. The product of one hundred four multiplied by the dependents' weekly
				benefit rate pursuant to sections
				386-41
				and
				386-43,
				HRS, shall be used to determine credit for one hundred four weeks for death
				benefits covered by sections
				386-41
				through
				386-43,
				HRS.
(f) In the case of part-time
				employment, credit for thirty-two and one hundred four weeks shall be
				calculated as if the employee had been a full-time employee in accordance with
				section
				386-51,
				HRS.
(g) In computing the offset
				for the amount awarded by a prior compensable injury under section
				386-33(a)
				(1), HRS, the employer is responsible for
				documenting the amount awarded for the prior compensable injury. In cases
				involving the special compensation fund, the entire permanent partial
				disability award will first be offset by the amount awarded for the prior
				compensable injury. The employer will then be liable for one hundred four weeks
				and the special compensation fund will be liable for the balance.
(h) The special compensation fund shall not
				be liable for compensation if the subsequent injury is so severe that it alone
				would have caused permanent total disability or death.