CHAPTER 386

WORKERS' COMPENSATION LAW

Part I. General Provisions

Section

386-1 Definitions

386-2 Definitions relating to family relationships

386-3 Injuries covered

386-3.5 Negotiation for benefit coverage

386-4 Voluntary coverage

386-5 Exclusiveness of right to compensation; exception

386-6 Territorial applicability

386-7 Interstate and foreign commerce and maritime

employment

386-8 Liability of third person

386-8.5 Limits of third party liability

386-9 Contracting out forbidden

386-10 Out of state employers

Part II. Compensation

A. Medical and Rehabilitation Benefits

386-21 Medical care, services, and supplies

386-21.5 Publication of fees by prepaid health care plan

contractors

386-22 Artificial member and other aids

386-23 Services of attendant

386-23.5 Services of attendant, allowance adjustments

386-23.6 Weekly benefit adjustments for recipients of services

of attendants

386-24 Medical rehabilitation

386-25 Vocational rehabilitation

386-26 Guidelines on frequency of treatment and reasonable

utilization of health care and services

386-27 Qualification and duties of health care providers

B. Income and Indemnity Benefits

1. Disability

386-31 Total disability

386-32 Partial disability

386-33 Subsequent injuries that would increase disability

386-34 Payment after death

386-35 Benefit adjustment

2. Death

386-41 Entitlement to and rate of compensation

386-42 Dependents

386-43 Duration of dependents' weekly benefits

386-44 Effect of erroneous payment; insanity of beneficiary

3. Provisions Common to Benefits for

Disability and Death

386-51 Computation of average weekly wages

386-51.5 Limited liability in concurrent employment

386-52 Credit for voluntary payments and supplies in kind

386-53 Nonweekly periodic payments

386-54 Commutation of periodic payments

386-55 Trustee in case of lump sum payments

386-56 Payment from the special compensation fund in case of

default

386-57 Legal status of right to compensation and compensation

payments

Part III. Administration

386-71 Duties and powers of the director in general

386-71.5 Rehabilitation unit

386-71.6 Workers' compensation benefits facilitator unit

386-72 Rulemaking powers

386-73 Original jurisdiction over controversies

386-73.5 Proceedings to determine employment and coverage

386-74 to 77 Repealed

386-78 Compromise

386-79 Medical examination by employer's physician

386-80 Examination by impartial physician

386-81 Notice of injury; waiver

386-82 Claim for compensation; limitation of time

386-83 When claim within specified time is unnecessary or

waived

386-84 Limitation of time with respect to minors and mentally

incompetent

386-85 Presumptions

386-86 Proceedings upon claim

386-87 Appeals to appellate board

386-87.1 Standing to intervene in appeals

386-88 Judicial review

386-89 Reopening of cases; continuing jurisdiction of

director

386-90 Conforming prior decisions on appeal

386-91 Enforcement of decisions awarding compensation;

judgment rendered thereon

386-92 Default in payments of compensation, penalty

386-93 Costs

386-94 Attorneys, physicians, other health care providers,

and other fees

386-95 Reports of injuries, other reports, penalty

386-96 Reports of physicians, surgeons, and hospitals

386-97 Inspections

386-97.5 Penalties

386-98 Fraud violations and penalties

386-99 Posting of information

386-100 Deductible option for medical benefits in insurance

policy

Part IV. Security for Compensation; Employment

Rights of Injured Employees; Funds

A. Security for Compensation

386-121 Security for payment of compensation; misdemeanor

386-122 Notice of insurance

386-123 Failure to give security for compensation; penalty;

injunction

386-124 The insurance contract

386-124.5 Insurer's requirements; failure to maintain claims

service office; penalty; injunction

386-125 Knowledge of employer imputed to insurance carrier

386-126 Insolvency of employer not to release insurance

carrier

386-127 Cancellation of insurance contracts

386-128 Insurance by the State, counties, and municipalities

386-129 Employees not to pay for insurance; penalty

B. Employment Rights of Injured Employees

386-141 Repealed

386-142 Employment rights of injured employees

C. Special Compensation Fund

386-151 Special compensation fund established and maintained

386-152 Levy and charges to finance special compensation fund

386-153 Levy on insurers of employers insured under section

386-121(a)(1)

386-154 Charge against employers not insured under section

386-121(a)(1)

386-154.5 Special assessments

386-155 Expenses

Part V. Applicability to Hawaii Guard, Volunteer

Personnel and Public Board Members

A. Hawaii Guard

386-161 Who entitled to compensation

386-162 Terms defined

386-163 Administration

386-164 Appropriation

B. Volunteer Personnel

386-171 Volunteer personnel, medical, etc., expenses

386-172 Administration and procedure

386-173 Time for giving notice, etc.

386-174 Appropriation

C. Public Board Members, Reserve Police Officers,

Police Chaplains, Volunteer Firefighters, Volunteer

Boating Enforcement Officers, and Volunteer

Conservation and Resources Enforcement Officers

386-181 Generally

Part VI. Self-Insurance Groups

386-191 Scope

386-192 Definitions

386-193 Authority to act as workers' compensation

self-insurance group

386-194 Qualifications for initial approval and continued

authority to act as a workers' compensation

self-insurance group

386-195 Certificate of approval; termination

386-196 Examinations

386-197 Board of trustees; membership, powers, duties, and

prohibitions

386-198 Group membership; termination, liability

386-199 Service companies

386-200 Licensing of producer

386-201 Financial statements and other reports

386-202 Misrepresentation prohibited

386-203 Investments

386-204 Rates and reporting of rates

386-205 Refunds

386-206 Premium payment; reserves

386-207 Deficits and insolvencies

386-208 Guaranty mechanism

386-209 Monetary penalties

386-210 Cease and desist orders

386-211 Revocation of certificate of approval

386-212 Notice and hearing

386-213 Rules

386-214 Severability

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