Cross References
Police officers injured while off duty covered, see §52D-15.
Attorney General Opinions
Where employee at work is injured and dies as a result of an assault by a third party, compensation should be awarded notwithstanding the assault may have arisen from personal matters. Att. Gen. Op. 73-4.
Law Journals and Reviews
Suicide was compensable injury by disease caused by the employment. Haw Supp, 4 HBJ, Nov. 1966, at 24.
Death by heart attack was not compensable because there was no causal relationship between work and death. Haw Supp, 5 HBJ 38.
Japanese Corporate Warriors in Pursuit of a Legal Remedy: The Story of Karoshi, or "Death from Overwork" in Japan. 21 UH L. Rev. 169.
1998 Hawai`i Legislation and Case Law Update. 21 UH L. Rev. 317.
Case Notes
Definitions: "Out of" and "in the course of". 24 H. 324. "By accident", "arising out of", and "course of employment". 26 H. 785; 37 H. 556; 38 H. 384; 40 H. 660. Course of employment. 66 F. Supp. 875; 34 H. 221. Covers workers under nonmaritime contract of employment injured aboard ship. 26 H. 737.
Causal connection. 33 H. 576.
Cancer. 34 H. 717. On death from cerebral hemorrhage as arising out of employment. 43 H. 94. Reasonable evidence of disease proximately caused. 43 H. 337.
Where employee is injured on a business trip, employee's personal activities preceding the business activity are immaterial. 52 H. 242, 473 P.2d 561.
Mental disabilities arising out of employment are compensable. 53 H. 32, 487 P.2d 278.
Injury occurring off the premises during a coffee break is compensable if it occurred in course of reasonable and necessary activity incident to such break. 54 H. 66, 502 P.2d 1399.
Influenza is a compensable injury. 59 H. 551, 584 P.2d 119.
"Work connection" test to decide whether heart attack arose out of and in course of employment. 63 H. 642, 636 P.2d 721.
Employee suffered work-related injury when employee sustained a psychogenic disability due to employee's employment. 714 F. Supp. 1108.
Claimant’s act of returning to claimant’s employer’s premises for the sole purpose of retrieving a piece of cake for claimant’s personal enjoyment bore no relation to an incident or condition of claimant’s employment; accordingly, there was no causal connection between claimant’s injury and any incident or condition of that employment. 77 H. 100, 881 P.2d 1246.
Employee's psychological stress injury not compensable as injury was direct consequence of disciplinary action imposed on employee for altering time cards and this prohibited conduct exceeded bounds of employment duties. 80 H. 120, 906 P.2d 127.
Employee's injury suffered in crossing public street between employer's office and parking lot not in course of employment as parking lot not part of employer's "premises"; employer's office lease merely allowed employees to enter into independent parking stall rental contract with building management. 80 H. 150, 907 P.2d 101.
Injury did not arise in the course of employment where assault on claimant, though occurring on employer's premises, emanated from personal dispute over auto accident. 80 H. 442, 911 P.2d 77.
Where teacher-claimant allegedly administered corporal punishment in violation of work-rule prohibiting such conduct, claimant nevertheless sustained compensable stress-related injury from subsequent discipline as claimant was acting within course of employment at time of alleged misconduct. 85 H. 250, 942 P.2d 514.
Employee’s injury not compensable where employee’s injury occurred on public sidewalk outside of employer’s business premises, did not occur during a lunch or recreation period, did not occur as an incident of employee’s employment, employer did not expressly or impliedly bring after-hours drinking party within employee’s orbit of employment and party did not benefit employer in any way. 87 H. 492 (App.), 960 P.2d 162.
Cited: 2 F. Supp. 2d 1295.
Cited: 24 H. 731, 733.