HRS 0386-0001 ANNOTATIONS

Prisoners compensated under §353-25 are not covered by this chapter. Att Gen. Op. 69-11.

Torts and Workers' Compensation, James E. Koshiba, 2 UH L. Rev. 209.

Prior law, L 1915, c 221 held constitutional. 24 H. 97; 26 H. 737; 28 H. 383.

Effect of 1963 amendment. 48 H. 288, 398 P.2d 154.

Company is liable to employee of its contractor. 23 H. 291. Owner of premises held employer of employee of independent contractor. 41 H. 603. Under definition of "employer" as it read prior to 1963 revision, general contractor was not "employer" of a subcontractor's employee. 50 H. 293, 439 P.2d 669.

Law must be broadly and liberally construed. 23 H. 291; 24 H. 324; 24 H. 731; 26 H. 737. Act should be given liberal construction to accomplish its beneficent purposes. 52 H. 595, 483 P.2d 187.

Employer defined. 31 H. 102. Wages defined. 33 H. 412.

Independent contractor. 32 H. 373. Third-party general contractors are not immune to common law negligence actions by employees of their subcontractors. 54 H. 578, 513 P.2d 156.

Factors to be considered in determining the employer in loaned-employee cases. 56 H. 544, 545 P.2d 687.

Casual employment excluded. 32 H. 735. Student employees, coverage of. 52 H. 595, 483 P.2d 187.

Factors to be considered in determining the employer in lent employee cases. 59 H. 139, 577 P.2d 787.

"Disability", "total disability" referred to. 59 H. 409, 583 P.2d 321.

Control of employee is the predominant consideration in fixing compensation liability between a lending and a borrowing employer. 63 H. 374, 628 P.2d 629.

Sole director and stockholder of corporation was "employee". 63 H. 642, 636 P.2d 721.

Intent is to place primary responsibility on subcontractor to obtain workers' compensation coverage; construing contract insurance policies to cover workers' compensation claims would frustrate intent. 69 H. 37, 731 P.2d 167.

Licensed real estate agents who performed sales activities pursuant to independent contractor agreements were independent contractors, and not employees. 79 H. 208, 900 P.2d 784.

Section assigns secondary liability for workers' compensation benefits to next subcontractor above primarily liable employer in default regardless of whether that subcontractor carries workers' compensation insurance mandated by Hawaii law. 83 H. 1, 924 P.2d 169.

Cited: 25 H. 747, 751; 31 H. 554; 31 H. 638, 648; 32 H. 928, 932; 37 H. 517, 523; 41 H. 442, 446.