Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 10 - WORKERS COMPENSATION › Subchapter 1 - GENERAL PROVISIONS › Section 12-10-1 - Definitions

Current through June, 2024
As used in this chapter:
"Able to resume work" shall be as defined in section
				  386-1, HRS.
"Appellate board" shall be as defined in section
				  386-1, HRS.
"Adjuster" means an individual, partnership, corporation, or
				  others, who is in the business of adjusting workers' compensation insurance
				  claims for a self-insured employer, insurer, or others.
"Attending physician" shall be as defined in section
				  386-1, HRS.
"Compensation" shall be as defined in section
				  386-1, HRS.
"Covered employment" shall be as defined in section
				  386-1, HRS.
"Department" shall be as defined in section
				  386-1, HRS.
"Director" shall be as defined in section
				  386-1, HRS.
"Disability" shall be as defined in section
				  386-1, HRS.
"Disqualified health care provider" means a health care
				  provider barred under section
				  386-27,
				  HRS, from providing health care services to a person who has suffered a work
				  injury.
"Employee" shall be as defined in section
				  386-1, HRS.
"Employee in comparable employment" shall be as defined in
				  section
				  386-1, HRS.
"Employee's designated representative", for the purpose of
				  section
				  386-31(b)(1),
				  HRS, means the representative of record of the employee, such as the employee's
				  attorney or union representative. As used in this chapter, employee shall
				  include the employee's representative unless clearly indicated
				  otherwise.
"Employer", as defined in section
				  386-1, HRS, includes
				  a self-insured employer or the self-insured employer's adjuster or designated
				  representative unless clearly indicated otherwise, the insurer of an employer,
				  or an employer who has failed to comply with section
				  386-121,
				  HRS.
"Employer's designated representative", for the purpose of
				  section
				  386-31(b)(1),
				  HRS, shall include:
(1) A self-insured employer's adjuster or attorney of
				  record;
(2) An insured employer's insurer, adjuster, or attorney of
				  record; or
(3) The adjuster or attorney of record of an uninsured
				  employer.
"Employment" shall be as defined in section
				  386-1, HRS.
"Employment for personal, family, or household purposes"
				  includes but is not limited to:
(1) Services performed by an individual in constructing,
				  repairing, or maintaining employer's private place of abode or dwelling.
(2) Domestic, valet, custodial, or babysitting services
				  performed by an individual for an employer in or about a private place of
				  abode.
(3) Chauffeuring or personal safeguarding services performed
				  by an individual for an employer or members of the employer's family.
"Full-time student" means an individual who is considered a
				  regular full-time student by the educational institution at which the
				  individual is enrolled or registered.
"Hanai child" means a child who, prior to the industrial
				  injury, is taken permanently to reside, be educated, and reared by someone
				  other than the natural parents, traditionally a grandparent or other
				  relative.
"Health care provider" shall be as defined in section
				  386-1, HRS.
"Higher wages" means a higher regular rate of pay per unit of
				  time.
"Insured employer" means an employer who obtains workers'
				  compensation insurance from an insurer pursuant to section
				  386-121(a)(1),
				  HRS.
"Insurer" means any insurance company authorized by the
				  insurance commissioner to underwrite, sell, or transact workers' compensation
				  insurance in the State of Hawaii.
"Medical care", "medical services", or "medical supplies"
				  shall be as defined in section
				  386-1, HRS.
"Medical stabilization" means that no further improvement in
				  the injured employee's work-related condition can reasonably be expected from
				  curative health care or the passage of time. Medical stabilization is also
				  deemed to have occurred when the injured employee refuses to undergo further
				  diagnostic tests or treatment which the health care provider believes will
				  greatly aid in the employee's recovery.
"Personal injury" shall be as defined in section
				  386-1, HRS.
"Physician" shall be as defined in section
				  386-1, HRS.
"Self-insured employer" means an employer authorized by the
				  director to comply with chapter
				  386, HRS, pursuant to section
				  386-121(a)(2)
				  or (3), HRS.
"Sixty-six and two-thirds per cent", as required by sections
				  386-31 and
				  386-32, HRS,
				  means the factor .6667.
"State average weekly wage" shall be as defined in section
				  386-1, HRS.
"This statute" or "the statute" means chapter
				  386, HRS, unless otherwise
				  specified.
"Total disability" shall be as defined in section
				  386-1, HRS.
"Trade, business, occupation, or profession" shall be as
				  defined in section
				  386-1, HRS.
"Uninsured employer" means an employer who has failed to
				  comply with section
				  386-121,
				  HRS.
"Wages" shall be as defined in section
				  386-1, HRS.
"Week" or "workweek" means a fixed and regularly recurring
				  period of seven consecutive days.
"Work injury" shall be as defined in section
				  386-1,
				  HRS.