reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 10 - WORKERS COMPENSATION › Subchapter 3 - ADMINISTRATION › Section 12-10-74 - Consolidation of claims and joinder of parties

Current through
				June, 2024
(a) The
				director may order the joinder of additional parties, except as provided in
				section 12-10-33, necessary for the full adjudication of a claim. Motions to
				join additional parties shall be made prior to the filing of a request of
				hearing. Upon showing good cause, the director may permit joinder of additional
				parties beyond the request of hearing date.
(b) The director may order the consolidation
				of claims necessary for the full adjudication of the injured employee's rights
				and each employer's liability for compensation. Motions to consolidate several
				claims shall be made prior to the filing of a request of hearing. Upon showing
				good cause, the director may permit consolidation of claims beyond the request
				of hearing date.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 10 - WORKERS COMPENSATION › Subchapter 3 - ADMINISTRATION › Section 12-10-75 - Medical examination orders and reports

Current through June,
				2024
(a) Orders
				requiring the injured employee to appear for examination by the physician of
				the employer's choosing may be issued by the director.
(b) The employer shall submit a request in
				writing to the director and the injured employee twenty calendar days before
				the scheduled medical examination date. The request shall also include the
				purpose of the examination, justification for the order, the name of the
				physician, and time, date, and place of examination.
(c) The director, upon review of the case
				file and without necessity of hearing, and upon finding that the examination
				will assist in the expedient disposition of the case or in determining the need
				for or sufficiency of medical care or rehabilitation, shall issue a medical
				examination order. The order shall not be appealable and will inform the
				claimant that compensation may be suspended for failure to submit to the
				examination without good cause. The injured employee may be responsible for a
				reasonable no-show fee not to exceed $250 charged by the physician.
(d) Reports for a medical examination by a
				physician chosen by the employer or employee not requiring a director's order
				shall be provided to all parties within fifteen calendar days after receipt and
				no later than fifteen calendar days prior to the scheduled date of hearing,
				whichever is sooner. Failure to provide the required copies may result in the
				director denying inclusion of the report in the director's decision.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 10 - WORKERS COMPENSATION › Subchapter 3 - ADMINISTRATION › Section 12-10-76 - Liability for expenses incurred by injured employee required to submit to a medical examination

Current through June,
				2024
(a) Whenever an
				injured employee is ordered or requested to be present for examination by a
				physician or surgeon selected by the employer, as provided under section
				386-79,
				HRS, the employer shall pay the reasonable costs and expenses incurred for
				travel, transportation, room and board, and actual wages lost by the injured
				employee. An employee who is receiving temporary total disability benefits
				shall not be entitled to wage loss.
(b) Whenever an injured employee is ordered
				or requested to be present for an examination by a physician or surgeon
				selected by the director, as provided under section
				386-80,
				HRS, the costs, expenses, and wages as specified in subsection (a) shall be
				paid to the injured employee from the funds appropriated by the legislature for
				the use of the department.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 10 - WORKERS COMPENSATION › Subchapter 3 - ADMINISTRATION › Section 12-10-77 - Filing of complaint

Current through June,
				2024
(a) Whenever a
				person has allegedly violated section
				386-98,
				HRS, a written complaint, identifying the person charged and indicating the
				date and nature of the violation with related documentation, shall be filed
				with the director, provided that it is submitted within two years of the date
				of the alleged violation.
(b) The
				director shall send a copy of the complaint to the person against whom the
				complaint was filed and the person shall have thirty calendar days after the
				date the director sent the complaint by which to respond.
(c) The director or a duly appointed
				representative shall investigate the statements of the complainant and the
				person against whom the complaint has been filed and may, upon not less than
				twenty calendar days notice to the parties involved, hold a hearing pursuant to
				section
				386-86,
				HRS. If the complaint is dismissed or no penalty is assessed, the director may
				issue a decision without a hearing.
(d) The decision of the director shall be
				sent to the respective parties in interest. If a violation of section
				386-98,
				HRS, is found to have occurred, the director shall send a copy of the decision
				to the appropriate licensing boards.
(e) Requests for withdrawal of a complaint
				shall be submitted in writing. Upon receipt of this request, the director may
				dismiss the complaint and notify the person against whom the complaint has been
				filed.
(f) Any person aggrieved by
				a final decision of the director may file an appeal to the labor and industrial
				relations appeals board within twenty calendar days after a copy has been sent
				to each party.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 10 - WORKERS COMPENSATION › Subchapter 4 - SECURITY FOR COMPENSATION › Section 12-10-91 - Security for payment of workers' compensation benefits

Current
				through June, 2024
Every employer required to secure payment of workers'
				  compensation benefits under section
				  386-121(a)
				  (1), HRS, shall cover its entire liability to
				  all of its employees under one insurance policy.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 10 - WORKERS COMPENSATION › Subchapter 4 - SECURITY FOR COMPENSATION › Section 12-10-92 - Notice of insurance

Current through June,
				2024
(a) Every employer
				shall insure that each employee in its employ is informed if it is a
				self-insurer for purposes of chapter
				386, HRS, or if insured, of the name
				of its workers' compensation insurance carrier and general agent, as
				applicable.
(b) Beginning on July
				1, 1989, a notice of insurance on a form prescribed by the director shall be
				signed by an authorized representative of the insurance carrier and shall
				contain the following certification:
"This certifies that all employees of the named employer will
				  be provided all benefits as required by the Hawaii Workers' Compensation Law."
				  The notice of insurance shall be filed with the director within ten days from
				  the effective date of the policy.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 10 - WORKERS COMPENSATION › Subchapter 4 - SECURITY FOR COMPENSATION › Section 12-10-93 - Cancellation of workers' compensation insurance

Current through
				June, 2024
(a) A notice
				of intention to cancel an insurance contract under the terms of section
				386-127,
				HRS, shall be in writing, served either personally or by registered or
				certified mail, return receipt requested, upon the employer or its
				representative.
(b) Upon completion
				of service of notice of intention to cancel an insurance contract, the
				insurance carrier or an approved third party agency shall notify the director
				in writing or in an approved electronic format of the date of the service and
				of the date of cancellation.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 10 - WORKERS COMPENSATION › Subchapter 5 - MEDICAL STABILIZATION › Section 12-10-100 - Determination of medical stabilization

Current through June,
				2024
(a) Preliminary
				determination of an injured employee's medical stability shall be made by the
				director upon request as provided in section 12-10-101, based upon a review of
				medical records and reports and other relevant evidence. The director may
				request from any party any additional information or consult with health care
				experts as the director deems necessary to determine the medical stability and
				ability to return to work of an injured employee.
(b) The director shall issue a preliminary
				decision upon determining an injured employee's medical condition has
				stabilized and the employee is unable to return to the employee's regular
				job.
(c) Any employee who has
				effected a compromise pursuant to section
				386-78, HRS, shall not
				be entitled to a preliminary decision.
(d) A preliminary decision shall not be made
				when compensability of the injury is an unresolved issue unless both parties
				petition the director for a preliminary decision.
(e) Any injured employee who has elected not
				to participate in a vocational rehabilitation program shall be issued a
				preliminary decision upon reaching medical stabilization, and unless the review
				of medical reports and other relevant evidence indicate otherwise, the employee
				shall be deemed able to resume the employee's regular job.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 10 - WORKERS COMPENSATION › Subchapter 5 - MEDICAL STABILIZATION › Section 12-10-101 - Request for stability review and determination

Current through
				June, 2024
(a) The
				employer shall notify the director and the injured employee when the employer
				receives information indicating the injured employee may be medically stable.
				The employer shall identify all such correspondence with capital letters
				"MEDICAL STABILIZATION", shall explain the reasons for arriving at the
				conclusion, and attach all relevant documentation.
(b) The director, in the absence of reports
				from the employer, may declare medical stabilization after a review of the
				documents in file.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 10 - WORKERS COMPENSATION › Subchapter 5 - MEDICAL STABILIZATION › Section 12-10-102 - Mailing of preliminary decision

Current through June,
				2024
A preliminary decision shall be mailed to the injured
				  employee and the employer or the insurer or the adjuster of the employer.
				  Preliminary decisions shall also be mailed to the employee's and the employer's
				  designated representative provided a letter of representation is on file with
				  the department. Requests for preliminary decisions by other parties of interest
				  shall be in writing and approved by the injured employee, employer, the
				  respective designated representatives, or director for each preliminary
				  decision.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 10 - WORKERS COMPENSATION › Subchapter 5 - MEDICAL STABILIZATION › Section 12-10-103 - Requests for hearing

Current through June,
				2024
The preliminary decision shall be considered the final
				  decision unless a request for hearing is filed with the director in writing not
				  later than twenty calendar days after the date the preliminary decision is
				  sent. The hearing shall be held in accordance with section
				  386-86,
				  HRS, and the director shall issue a written decision based upon the evidence
				  received. This decision shall be final unless appealed pursuant to section
				  386-87,
				  HRS.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 10 - WORKERS COMPENSATION › Subchapter 5 - MEDICAL STABILIZATION › Section 12-10-104 - Vocational rehabilitation entitlements

Current through June,
				2024
(a) If the injured
				employee is medically stable and not permanently disabled, the injured employee
				shall not be referred for additional vocational rehabilitation services but may
				be permitted by the director to complete an approved vocational rehabilitation
				plan.
(b) If the injured employee
				is medically stable and is or may be permanently disabled, the director shall
				decide if the injured employee is entitled to vocational rehabilitation
				services.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 11 - TEMPORARY DISABILITY INSURANCE › Subchapter 1 - GENERAL › Section 12-11-2 - Special disability fund assessment

Current through June,
				2024
When a special fund assessment is made, refunds due to an
				  insurance carrier's or self-insured employer's computational errors shall not
				  be made unless an application is filed with the director within ninety days
				  from the date of payment.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 11 - TEMPORARY DISABILITY INSURANCE › Subchapter 1 - GENERAL › Section 12-11-3 - Financial solvency

Current through June,
				2024
Financial statements required by section
				  392-41,
				  HRS, shall be filed annually not later than three months after the close of the
				  self-insurer's fiscal year, or as requested by the director.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 11 - TEMPORARY DISABILITY INSURANCE › Subchapter 1 - GENERAL › Section 12-11-4 - Filing date

Current through June, 2024
If not mailed, the filing date shall be the date the document
				  is received by the addressee; or, if mailed, the postmark date unless another
				  date is specified in the statutes or this chapter.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 11 - TEMPORARY DISABILITY INSURANCE › Subchapter 1 - GENERAL › Section 12-11-5 - Oaths and subpoenas

Current through June,
				2024
The director or the director's authorized representative may
				  administer oaths, take or cause to be taken the depositions of witnesses, and
				  require the attendance and production of all books, records, and other evidence
				  relative to any matter under investigation or audit. The subpoena shall be
				  signed and issued by the director or director's authorized representative. In
				  case of failure of any person to comply with any subpoena lawfully issued under
				  this section, the circuit court of any circuit, upon application by the
				  director or the director's representative, shall have the power to enforce by
				  proper proceedings the attendance and testimony of any witness so
				  subpoenaed.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 11 - TEMPORARY DISABILITY INSURANCE › Subchapter 2 - PLANS › Section 12-11-11 - Plans which were in existence June 30, 1969

Current through June,
				2024
A plan which was in existence on June 30, 1969 and which
				  continues in existence on January 1, 1970 is an existing plan and shall be
				  accepted by the director as complying with the obligation of the employer to
				  provide disability benefits for the employees, or for the class or classes of
				  employees entitled to benefits under the plan, provided:
(1) The employer was on June 30, 1969
				obligated not to discontinue the provisions of the plan or the contribution
				toward its cost during some period of time after June 30, 1969, provided that
				the acceptance of the plan shall be limited to the period of the obligation;
				or
(2) That if the plan is one
				under which the employer is not obligated, as of June 30, 1969, to continue the
				provisions of the plan or the contribution toward its cost during some period
				after June 30, 1969, the plan either
(A) Has
				been found by the director to meet the requirements of section 12-11-16 and the
				employer has entered into the required agreements and otherwise complied with
				section 12-11-21 the period for which the plan may be accepted shall be limited
				to the period provided in section 12-11-21(3); or
(B) Has been agreed to by an association of
				employees or through collective bargaining and the employer has, prior to
				January 1, 1970, entered into the required agreements and otherwise complied
				with section 12-11-21 the period for which such plan may be accepted shall be
				the term of the plan as so agreed.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 11 - TEMPORARY DISABILITY INSURANCE › Subchapter 2 - PLANS › Section 12-11-12 - Existing plans which are extended or modified

Current through
				June, 2024
(a) An
				existing plan may, after June 30, 1969, be extended with or without
				modification, or modified with or without extension, by agreement with an
				association of employees or through collective bargaining and, as so extended
				or modified, the plan during the period of the extension or modification shall
				continue to be accepted as complying provided that benefits are at least as
				favorable as required under section
				392-41,
				HRS. If the extension or modification is not effective prior to the expiration
				of the period during which the employer is obligated not to discontinue the
				plan or the contribution to its cost, the employer shall be required to make
				provision of benefits between the expiration of the period and the day when the
				agreement of extension or modification is made and becomes effective; but when
				so extended or modified, the plan shall continue to be accepted as complying
				provided benefits are at least as favorable as required under section
				392-41,
				HRS, during the period of the extension or modification.
(b) An existing plan that, after June 30,
				1969, is extended by an employer with or without modification, or modified with
				or without extension, other than by agreement with an association of employees
				or through collective bargaining, may be continued as an existing plan and may
				be accepted as complying with the obligation of the employer under section
				392-41,
				HRS, during the period of extension or modification only if the plan, as so
				extended or modified, is found by the director to meet the requirements of
				section 12-11-16.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 11 - TEMPORARY DISABILITY INSURANCE › Subchapter 2 - PLANS › Section 12-11-13 - Successor employers

Current through June,
				2024
An existing plan shall be deemed continued and may be
				  accepted as the plan of an employer who, after June 30, 1969, has acquired all
				  or substantially all, or an identifiable portion, of the assets or employment
				  and has assumed liabilities, including liabilities under the plan, of an
				  employer who immediately preceding such acquisition had an acceptable existing
				  plan.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 11 - TEMPORARY DISABILITY INSURANCE › Subchapter 2 - PLANS › Section 12-11-14 - Wage or salary continuance plans

Current through June,
				2024
(a) Arrangements
				for wage or salary continuance during disability in effect on June 30, 1969 may
				be accepted as an existing plan, provided the plan formed part of the
				employer's regular contract of hiring, either under written agreement or by
				established custom and practice.
(b) A wage or salary continuance plan in
				effect on June 30, 1969, but not then under written agreement, may be accepted
				as a plan if it is reduced to a written agreement and if proof satisfactory to
				the director is submitted that the plan was actually in existence on June 30,
				1969 as the employer's established custom and practice.
(c) Wage and salary continuance may be
				offered by an employer as the employer's plan and, if found to be "at least as
				favorable" as the statutory benefits schedule, the plan may be accepted as the
				employer's compliance with the benefit provisions of the law for the class or
				classes of employees covered by the plan. In such case, the employer may insure
				or have approved self-insurance for disability benefits, paying the excess over
				the benefits under the employer's continuance agreement as wages or salary or
				the employer may continue wages or salary and provide, through insurance or
				approved self-insurance, for benefits to commence on the first day of
				disability following the last day to which wages or salary are
				continued.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 11 - TEMPORARY DISABILITY INSURANCE › Subchapter 2 - PLANS › Section 12-11-15 - Plans which were not in existence on June 30, 1969

Current
				through June, 2024
Any plan which was not in existence on June 30,1969, but
				  which is in existence on or after January 1, 1970, is a new plan and, if the
				  benefits provided meet the requirements of section
				  12-11-16, may be accepted by the
				  director under section
				  392-41,
				  HRS, provided:
(1) The benefits are to
				be provided under the plan for a fixed term; the acceptable period of the plan
				shall be such term; or
(2) The
				employer has filed with the director the required agreements and otherwise
				complied with section 12-11-21; the acceptable period of the plan shall be
				limited to the period provided in section 12-11-21(3).
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 11 - TEMPORARY DISABILITY INSURANCE › Subchapter 2 - PLANS › Section 12-11-16 - Existing and new plans

Current through June,
				2024
(a) Benefits under
				any plan shall, in the aggregate, be deemed to be "at least as favorable" only
				if:
(1) A waiting period of no more than
				seven days is required; and
(2) The
				aggregate actuarial value, as determined under section 12-11-17, of the cash
				disability benefits for each employee is equivalent to the aggregate actuarial
				value, as determined under section 12-11-17, of the disability benefits under
				section
				392-41,
				HRS; and
(3) Cash disability
				payments are payable at the rate of 100 per cent of wages and for at least
				three weeks in a benefit year under a plan with no waiting period, and cash
				disability payments are payable for at least fifteen weeks in a benefit year
				under a plan with a two-day waiting period which provides cash disability
				payments at the rate of 58 per cent of wages.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 11 - TEMPORARY DISABILITY INSURANCE › Subchapter 2 - PLANS › Section 12-11-17 - Method of evaluating benefits under plans

Current through June,
				2024
(a) Benefits
				provided under a plan which meets the minimum requirements of section 12-11-16
				will be evaluated, to assist in determining whether the plan benefits are "at
				least as favorable" as the benefits provided by law, by the use of tables
				established by the insurance commissioner which reflect the actuarial
				relationship between different types and amounts of benefits.
(b) In evaluating weekly cash disability
				benefits, the following will be considered:
(1) Maximum period during which benefits are
				payable during fifty-two consecutive weeks or during a single period of
				disability.
(2) Non-compensable
				waiting period after disability for illness and for accident commences before
				benefits are payable.
(3) Benefit
				rate, which for evaluation purposes will be the percentage obtained by dividing
				the weekly benefit by the weekly wage as defined in section 12-11-18.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 11 - TEMPORARY DISABILITY INSURANCE › Subchapter 2 - PLANS › Section 12-11-18 - Wages to be used in determining benefit rate

Current through June,
				2024
(a) In determining
				the benefit rate for plan evaluation, the normal weekly earnings paid under
				regular employment practices will generally be used as "weekly wages". However,
				I for any extended period of time employees regularly receive extra wages
				including, without limitation, overtime or premium pay, it may be required that
				benefits be determined on the total of normal and such extra wages.
(b) If, under a plan, benefits are to be
				provided in accordance with classification will generally be used as the weekly
				wage in determining the benefit rate for plan evaluation. For those employees
				whose average weekly wages is $20 or more and less than $40 per week, the
				benefit rate for plan evaluation will be computed by dividing the actual cash
				benefit to which the employee is entitled by $40. If the employer submits a
				wage schedule showing for each wage classification a distribution of employees
				by wages (up to weekly wages equal to the maximum weekly wage base), the weekly
				wage to be used for plan evaluation will be the average wage of the employees
				included in the classification, but not less than $5 under the maximum wage of
				the classification.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 11 - TEMPORARY DISABILITY INSURANCE › Subchapter 2 - PLANS › Section 12-11-19 - Employees not covered under a plan

Current through June,
				2024
If an employee who is eligible for benefits under the statute
				  is not eligible for benefits under the plan for any of the following
				  reasons:
(1) The eligibility or
				probationary period under the plan is longer than that provided by law;
				or
(2) There is an eligibility or
				probationary period under the plan for employees who are entitled by law to
				immediate coverage; or
(3) The plan
				does not provide for payment of benefits for disability occurring while the
				person is an "individual in current employment" as that term is defined in
				section
				392-6,
				HRS; or
(4) The employee is not of
				the class or any of the classes of employees entitled to benefits under the
				plan; then, and in any one or more of the foregoing circumstances, the employer
				shall be required to provide for the payment of benefits to the employee in one
				or more of the ways set forth in section
				392-41,
				HRS. The employer, may, however, modify the plan so as to extend the plan
				benefits for the statutory periods referred to in paragraphs (1), (2), and (3)
				above, and the extension shall not be deemed a material modification of the
				plan.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 11 - TEMPORARY DISABILITY INSURANCE › Subchapter 2 - PLANS › Section 12-11-20 - Benefits less favorable with respect to certain employees eligible under a plan

Current through June, 2024
If the benefits under a plan, other than a plan under section
				  12-11-11(1) or
				  12-11-11(2) (B),
				  do not meet the requirements of section
				  12-11-16 as to any class of
				  employees eligible for the benefits, but do meet such requirements as to
				  another class or other classes of employees, the plan may be accepted under
				  section
				  392-41,
				  HRS, with respect to the class or classes of employees as to whom the benefits
				  provided do meet the requirements of section
				  12-11-16. The employer may provide
				  statutory benefits for the class or classes of employees for whom the plan
				  benefits do not meet the requirements of section
				  12-11-16 or may supplement the
				  plan benefits by another plan, in order that the total benefits provided for
				  all employees entitled to benefits under the plan shall meet the requirements
				  of section
				  12-11-16.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 11 - TEMPORARY DISABILITY INSURANCE › Subchapter 2 - PLANS › Section 12-11-21 - Procedure for obtaining acceptance of plans under section 392-41(a)(4) and (5), HRS

Current through June, 2024
An employer who has an existing plan or a new plan, and who
				  desires to be permitted to provide benefits thereunder in lieu of the statutory
				  benefits for a class or classes of employees, shall apply in writing to the
				  director to have the plan accepted. The employer shall, as a part of the
				  application, and in a form prescribed by the director, file with the
				  director:
(1) A statement setting
				forth the provisions of the plan and, if required by the director, a copy of
				the plan.
(2) An agreement with the
				director to pay assessments for the special disability fund by the employer or
				the employer's carrier as the case may be pursuant to section
				392-67(a)
				or (b), HRS.
(3) A written agreement, satisfactory to the
				director, if the plan is one that under section 12-11-11(2), 12-11-12(b), or
				12-11-15 requires an agreement, that the benefits under the plan will be
				continued with respect to all employees included under the plan for
				disabilities occurring prior to the date the employer files with the director
				written notice of termination of the plan.
(4) Evidence satisfactory to the director
				that the obligation to pay benefits under the plan has been insured and is kept
				insured with an insurer duly authorized to transact the business of accident
				and health insurance in this State or proof satisfactory to the director of the
				financial ability to pay the benefits and otherwise complying with section
				392-41(a)(2) and
				(3), HRS.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 11 - TEMPORARY DISABILITY INSURANCE › Subchapter 2 - PLANS › Section 12-11-22 - Substitution of new carrier under a plan

Current through June,
				2024
If the agreement filed with the director under section
				  12-11-21(2) is
				  the agreement of a carrier and not of the employer, acceptance of the plan
				  shall terminate forthwith whenever the carrier's obligation to pay benefits
				  shall terminate, unless prior thereto an acceptable new carrier, assuming fully
				  the obligations of the employer under the plan, has duly filed with the
				  director notice thereof and has filed also the agreement with the director
				  required under section
				  12-11-21.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 11 - TEMPORARY DISABILITY INSURANCE › Subchapter 2 - PLANS › Section 12-11-23 - Default in payment of assessments

Current through June,
				2024
If the agreement filed with the director under section
				  12-11-21(2) is
				  the agreement of an employer, or of an association of employers, or an
				  association of employees authorized to pay benefits, or a trust or trustee
				  under a plan paying benefits, the acceptance of the plan shall terminate
				  forthwith on default, after notice, in any payment required to be made to the
				  director in accordance with section
				  392-47
				  or
				  392-67,
				  HRS.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 11 - TEMPORARY DISABILITY INSURANCE › Subchapter 2 - PLANS › Section 12-11-24 - Notices and reports required with respect to plans

Current through
				June, 2024
(a) Whenever
				a plan accepted by the director shall thereafter be modified or extended,
				written notice of the modification or extension, in form approved by the
				director, shall be filed forthwith with the director, and except as to
				modifications which are not material modifications and except for the extension
				of a new plan without material modification for a fixed period of time
				specified in the agreement of extension, no such modification shall be
				effective until it has been accepted by the director, and when accepted shall
				be effective as of the date requested, and no extension shall be effective
				until notice of extension has been filed with the director.
(b) A material modification of a plan shall
				be effective on acceptance by the director, and, without limitation, any
				modification which reduces the class or classes of employees to which the plan
				is applicable or the rate of weekly benefits or the period during which
				benefits are payable, or which increases the waiting period or the contribution
				of employees to the cost of benefits, shall be deemed a material
				modification.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 11 - TEMPORARY DISABILITY INSURANCE › Subchapter 2 - PLANS › Section 12-11-25 - Accepted plans

Current through June, 2024
The director shall give to the employer or association of
				  employers or association of employees by whom the application for acceptance
				  was filed, and also to the applicant, written notice that the plan is accepted
				  as satisfying the obligation of the employer or employers to provide for the
				  payment of benefits, or that it is not accepted. From and after the effective
				  date of notice of acceptance, the provision for benefits and employee
				  contributions under the plan shall be effective for the employees, or the class
				  or classes of employees, entitled to benefits under the plan, in lieu of the
				  provisions for benefits under the statute, and for employee contributions under
				  section
				  392-43,
				  HRS.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 11 - TEMPORARY DISABILITY INSURANCE › Subchapter 2 - PLANS › Section 12-11-26 - Reconsideration of denial of application for plan acceptance; appeal

Current through June, 2024
(a) When an application for acceptance of a
				plan has been denied on the ground that the benefits under the plan do not meet
				the requirements of section 12-11-16, the applicant, within fifteen days after
				notice of denial has been given, may apply in writing to the director for
				reconsideration. In support of the employer's application for reconsideration,
				and as a part of the application, the applicant shall submit a memorandum of
				the facts on the basis of which applicant contends that the benefits provided
				under the plan are at least as favorable as the disability benefits under the
				statute.
(b) The director, or an
				officer or employee designated by the director for that purpose, shall
				reconsider the application and plan, and the director may direct that a hearing
				be held for the taking of evidence and for any other consideration as the
				proofs warrant to conform with the purpose and intent of the statute.
(c) The filing of an application for
				reconsideration or an appeal of the decision upon reconsideration shall not
				relieve the applicant, or any employer if the applicant is an association of
				employers or employees, of its responsibility to provide statutory benefits as
				required by the law pending a final decision thereon.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 11 - TEMPORARY DISABILITY INSURANCE › Subchapter 2 - PLANS › Section 12-11-27 - Minimum coverage standards for an association of employers

Current through June, 2024
(a) The minimum standards which an insured
				association of employers shall meet to qualify its members for obtaining
				temporary disability insurance coverage are:
(1) The association must be a bona fide
				organization a charter, constitution, and by-laws or other documentation
				identifying its purpose, scope, and function. It must have a stable roster of
				members and assured continuity of operation.
(2) The association's membership must be in
				the same or a closely related industry or have some common interest binding the
				membership. It must have been formed for a purpose other than obtaining
				coverage under the statute.
(3) The
				association shall submit a certification in the format prescribed by the
				department.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 11 - TEMPORARY DISABILITY INSURANCE › Subchapter 3 - BENEFITS AND CLAIMS PROCEDURES › Section 12-11-35 - Claim for disability benefits

Current through June,
				2024
(a) The employee
				claiming for disability benefits or a person acting on the employee's behalf
				shall file a claim for disability benefits with the employer on a form
				prescribed by the director, or in the case where section
				392-66,
				HRS, is applicable, with the director, within ninety days after commencement of
				the period of disability or as soon thereafter as is reasonably possible. Proof
				of disability shall be furnished to the employer, or, in the case where section
				392-66,
				HRS, is applicable to the director, not later than ninety days after
				commencement of the period of disability and thereafter from time to time as
				the employer or director may require, but not more often than once each week.
				In the event the claimant has a controverted workers' compensation claim, the
				ninety-day filing period for temporary disability insurance is waived if the
				employee gave notice to the employer of a workers' compensation claim within
				ninety days after the date on which disability commenced. In such event, the
				date of notice of the workers' compensation claim shall be accepted as the
				filing date under this section.
(b)
				The claim for disability benefits shall include statements furnished by the
				claimant and the claimant's attending physician on a form prescribed for the
				purpose by the director. A carrier, employer, or the director may investigate a
				claim and for cause require additional information.
(c) Failure to file a claim for disability
				benefits within the time and in the manner above provided shall not invalidate
				the claim, but no benefits shall be required to be paid for any period more
				than fourteen days prior to the date on which the required claim for disability
				benefits is filed. However, if it is shown not to have been reasonably possible
				for the claimant to file the claim within the time above provided and that the
				claim was filed as soon thereafter as reasonably possible, benefits may be
				payable for the full period of disability, provided that no benefits shall be
				paid unless the required claim is filed within twenty-six weeks after
				commencement of the period of disability.
(d) In the case of an employer who has
				received approval from the department of its sick leave plan or a collective
				bargaining agreement where either or both require further disability benefit
				payments from an insurer upon the exhaustion of sick leave payments, the
				employer shall initiate the filing of the claim for disability benefits with
				the insurer within ninety days of the last date sick leave payments were
				made.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 11 - TEMPORARY DISABILITY INSURANCE › Subchapter 3 - BENEFITS AND CLAIMS PROCEDURES › Section 12-11-36 - Responsibility of employer to provide benefits

Current through June,
				2024
(a) An employer
				shall provide benefits for disabilities that occur during the period of
				employment and while the employee is an "individual in current employment" as
				defined in section
				392-6,
				HRS, provided that if during the two-week period following termination of
				employment the employee enters into new employment, the responsibility of the
				first employer to provide benefits ceases on the first day of the new
				employment if the new employer is subject to the statute. Thereafter, the new
				employer shall be responsible for providing benefits as required by the
				statute.
(b) An employer of an
				employee who is eligible shall provide benefits for that employee for any
				disability which occurs during the period of continued eligibility whether the
				employment is on a full-time or part-time basis.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 11 - TEMPORARY DISABILITY INSURANCE › Subchapter 3 - BENEFITS AND CLAIMS PROCEDURES › Section 12-11-37 - Part-time employment

Current through June,
				2024
If an individual is employed concurrently by more than one
				  employer and is a part-time employee of one or more of the employers, in order
				  to be eligible for benefits from employers for whom the individual is a
				  part-time employee, the employee must give written notice to all of the
				  individual's employers of other employment, giving sufficient details as will
				  enable the employers to ascertain whether the employee is in fact eligible for
				  benefits.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 11 - TEMPORARY DISABILITY INSURANCE › Subchapter 3 - BENEFITS AND CLAIMS PROCEDURES › Section 12-11-38 - Concurrent employment

Current through June,
				2024
(a) An employee is
				in concurrent employment when the individual is regularly and customarily in
				the employ of more than one covered employer within the same calendar week and
				is concurrently eligible for disability benefits from each of the
				employments.
(b) Hours of
				employment with two or more employers, concurrently, full-time or part-time,
				and wages earned therefrom, shall be aggregated for purposes of determining
				eligibility for benefits.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 11 - TEMPORARY DISABILITY INSURANCE › Subchapter 3 - BENEFITS AND CLAIMS PROCEDURES › Section 12-11-39 - Two-week period following termination of employment

Current
				through June, 2024
The period of two consecutive weeks after termination of
				  employment shall end on the fourteenth consecutive calendar day following the
				  last day worked.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 11 - TEMPORARY DISABILITY INSURANCE › Subchapter 3 - BENEFITS AND CLAIMS PROCEDURES › Section 12-11-40 - Claim for reimbursement out of workers' compensation benefits

Current through June, 2024
(a) If an employee who is eligible for
				benefits under the statute is disabled and has claimed or subsequently claims
				benefits under the workers' compensation law, and if the claim is denied by the
				director on the ground that the employee's disability was not caused by an
				accident that arose out of and in the course of the individual's employment or
				by an occupational disease under the workers' compensation law, the
				individual's employer or the employer's disability benefits carrier or the
				director shall forthwith pay benefits under the statute to the employee for the
				disability.
(b) If an employee who
				is eligible for benefits under the statute has claimed or subsequently claims
				benefits for an alleged disability under the statutes and under the workers'
				compensation law, and if the claim is disputed on the ground that the employee
				was not in fact disabled, the individual's employer or the employer's
				disability benefits carrier or the director shall forthwith file a statement to
				this effect with the department. Whereupon the claims under the statute and the
				workers' compensation law shall be combined and considered jointly in all
				subsequent proceedings for the purpose of determining the fact of
				disability.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 11 - TEMPORARY DISABILITY INSURANCE › Subchapter 3 - BENEFITS AND CLAIMS PROCEDURES › Section 12-11-41 - Denial of claim

Current through June, 2024
(a) If an employee's claim for benefits is
				denied in whole or in part by the employer or employer's disability benefits
				carrier, a copy of the notice of denial, in the form prescribed by the
				director, shall be sent to the department. The department shall review the
				denial within ten days of receipt and request the employer or insurer to
				reconsider the denial if it considers it to be erroneous, without proper legal
				basis, or without sufficient evidence. If the employer or insurer still decides
				to deny disability benefits, the employee and the department shall be so
				notified.
(b) If an employee
				desires a review of any action of the claim for benefits, the employee shall
				file with the director two copies of the notice of denial, the employee's
				request for appeal, and a statement in duplicate giving specific reasons for
				the request. The request for appeal shall be filed within twenty days from the
				date denial was mailed to the claimant. The appeal shall be filed at the office
				of the department in the county in which the claimant resides or in the county
				in which the claimant was employed prior to the disability. The director shall
				forthwith notify the employer or the employer's disability benefits carrier or
				the special fund for disability benefits, as the case may be, of the claimant's
				request for appeal, enclosing a copy of the claimant's statement of reasons
				therefor. Determination of the appeal shall be made in accordance with the
				provisions of Part V of chapter
				392, Hawaii Revised
				Statutes.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 11 - TEMPORARY DISABILITY INSURANCE › Subchapter 3 - BENEFITS AND CLAIMS PROCEDURES › Section 12-11-42 - Disqualification for benefits

Current through June,
				2024
An individual shall be disqualified for disability benefits
				  under section
				  392-66,
				  HRS, during any period that the individual is disqualified for unemployment
				  insurance benefits under section
				  383-30,
				  HRS.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 11 - TEMPORARY DISABILITY INSURANCE › Subchapter 3 - BENEFITS AND CLAIMS PROCEDURES › Section 12-11-43 - No waiting period required for benefits from special fund

Current through June, 2024
An individual who is eligible for disability benefits under
				  section
				  392-66,
				  HRS, shall be paid the benefits without serving a waiting
				  period.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 11 - TEMPORARY DISABILITY INSURANCE › Subchapter 3 - BENEFITS AND CLAIMS PROCEDURES › Section 12-11-44 - Disposition of accrued benefits upon death

Current through June,
				2024
If any benefits due an employee are unpaid at the time of the
				  employee's death, the benefits shall be payable to the employee's estate or, at
				  the option of the carrier, may be paid to the surviving spouse, parent, child,
				  or children of the deceased employee. Benefits that are due but are not so paid
				  shall, after the expiration of one year from the date of employee's death, be
				  paid into the special fund for disability benefits established pursuant to
				  section
				  392-61,
				  HRS. Upon making the payment into the special fund, the carrier shall
				  immediately and thereafter be held harmless from all liability to the extent of
				  the payment, and any claim thereafter for the benefits shall be filed with the
				  director who shall determine the validity thereof.